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Illinois Car Accidents Questions & Answers
2 Answers | Asked in Traffic Tickets, Car Accidents and Juvenile Law for Illinois on
Q: I’m 16 years old and was caught driving 120 in a 50 ive had no prior encounters. What could happen to me?

It wasn’t a act of reckless driving at all the road was flat and straight and I went and one I caught up with traffic I stopped and immediately went with the flow of traffic

Brandon K. Davis
Brandon K. Davis answered on Jul 28, 2020

Aggravated speeding 35+ over the limit is a class a misdemeanor. Technically, it is punishable by up to a year in jail and fines of up to $2500. There are a variety of possibilities depending on the specific circumstances as well as the courthouse where your case is pending. Penalties such as... Read more »

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1 Answer | Asked in Car Accidents for Illinois on
Q: Auto insurance company denied my claim on May 28th & haven't mailed me my notice on why I was denied. Do I have a case?
Charles Candiano
Charles Candiano answered on Jul 8, 2020

Who's auto insurance denied what claim and under what circumstances? Who was at fault? These questions and more would need to be addressed before anyone can advise how you should proceed. If you don't have a written denial, the claim is NOT denied and you certainly cannot sue the... Read more »

2 Answers | Asked in Car Accidents for Illinois on
Q: What am I legally entitled to in Illinois if I'm rear ended while stopped in traffic?

The car is a total loss. The insurance company is offering me a settlement amount that will pay off my outstanding loan, but leave me almost nothing for a down payment on a replacement vehicle, so I'll have to deplete my savings to get another car, and even if I get the same year, make and... Read more »

Steve McCann
Steve McCann answered on May 22, 2020

Did you suffer from any personal injuries as a result of the collision? If so, it is well advised to contact a personal injury attorney immediately, as you are entitled to additional compensation. The additional compensation for your injuries and other recoverable damages can assist in your... Read more »

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1 Answer | Asked in Car Accidents for Illinois on
Q: Rear ended by uninsured driver. Should I take it to small claims court??

My family was rear ended in Jan 2020 and they had no proof of insurance at the time of the accident so it was a mandatory court appearance and we were encouraged to appear. In court he submitted insurance to the court, getting the ticket dropped, but when I submitted our outstanding bills to the... Read more »

Charles Candiano
Charles Candiano answered on May 19, 2020

Go to the prosecutor who handled the Hearing in February and provide him with your correspondence from the other driver's insurance company stating that the insurance was not in effect on the date of the accident.

If the Defendant has any motivation to drive, legally, he will pay...
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1 Answer | Asked in Car Accidents for Illinois on
Q: I hate a question about a car accident

My brother took my car without my permission and another car hit him on the eway. But my brother doesn’t have a license or ID so he ran because he was scared of going to jail. I don’t want to press charges on my brother at all but I want my car fixed. He was able to get a picture of her ID and... Read more »

Charles Candiano
Charles Candiano answered on May 19, 2020

If you can prove that the accident was the fault of the other driver AND if she had insurance, her insurance will pay for your car.

If your brother lives with you and he is not on your policy, you had to expressly exclude him from coverage so your insurance will fight the claim. Even if...
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2 Answers | Asked in Car Accidents for Illinois on
Q: If you back into someone in a parking lot with a car that you do not have insurance for are you held reliable for damage

I know this sounds like a simple question but what if have insurance for your own vehicle. can that insurance pay for the damages.

Charles Candiano
Charles Candiano answered on May 14, 2020

It depends on many factors. On the one hand, you cannot own 4 cars, insure only one, and expect that you are covered for all four. The insurance company would cry "fraud." On the other hand, if the uninsured car belonged to someone else, and you do not drive it regularly, the damage to... Read more »

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1 Answer | Asked in Car Accidents for Illinois on
Q: can a tow yard stop you from retrieving personal belongings ? Towed because of an accident.

My brother got into an accident with my fathers car. The tow lot took the vehicle with all our personal belongings. They are refusing to allow us access to the car at all. Illinois Statutes Chapter 625. Vehicles §-203. States that belongings such as identification, credit cards, or government... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 22, 2020

They should allow it.Call the cops if they want to be idiots. If anything is missing, file a claim with them and with whoever regulates them.

1 Answer | Asked in Car Accidents, Employment Law and Traffic Tickets for Illinois on
Q: If I was working for a company and got into an accident do I pay the ticket?

I was working for my cousin and I was driving one of his work trucks and rear ended someone on the toll way near Addison I got a citation for driving to fast in unsafe road conditions my cousin told me he would handle my fine and took money off of my paycheck to do so because I was moving back home... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 22, 2020

At this point, pay the fine so you can get rolling then hassle with your relative. If they took money out of your paycheck, they must use it for that purpose.

1 Answer | Asked in Car Accidents for Illinois on
Q: I was in car accident had insurance my insurance company denied both the claims and said I violated the policy by .

They say I dodnt disclose information which was not asked at the time I got the insurance had it almost two years now accident and this comes I'm being g sued what can I do

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

1) you have to answer the claim--you have a certain number of days to do this. You file an "entry of appearance pro se" and an answer.

2)contact a member of the Illinois Trial Lawyers Assn--they give free consults.

3 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was in a car accident that was caused by the other driver. I was injured.

I can't afford an attorney and I can prove fault was on the other person despite the police reports findings. There were also factual errors in the police report. Can anyone help me or am I out of luck and a car? I am living below poverty level. I am a single income home for a family of 5.

Steve McCann
Steve McCann answered on Jan 30, 2020

If you were injured and did not cause the collision, many of us would be willing to represent you on a contingent basis in regards to your personal injuries, meaning you would not have to pay anything out of pocket for legal services. The attorney you retain would be compensated by way of a... Read more »

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2 Answers | Asked in Car Accidents for Illinois on
Q: My son had a accident in the family car his insurance paid the other person but know 9 months later she is suing all

Of us in civil court even though she hit him but he received the ticket for failing the right away

Robert D. Kreisman
Robert D. Kreisman answered on Jan 6, 2020

Even in such a doubtful claim, you should immediately notify your insurance company of the lawsuit who will or should take care of this and defend all.

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1 Answer | Asked in Car Accidents and Employment Law for Illinois on
Q: If I hit a deer while on call for work are they liable for damage to my vehicle?
Charles Candiano
Charles Candiano answered on Dec 27, 2019

If you were driving at the request of your employer and you were injured, the injuries and any wage loss would be covered under Workers' Compensation. It is NOT sufficient that you were "on-call" but driving for entirely personal reasons. Under NO circumstances would your car be... Read more »

1 Answer | Asked in Car Accidents for Illinois on
Q: I have a court appearance d/t failure to yield accident from driveway ticket resulting to collision and damage.

There was no injury nor need of EMS or hospitalization at that time but now the other party is claiming for physical injury. Should I be needing a legal representative for court for that ticket violation?

Tim Akpinar
Tim Akpinar answered on Dec 14, 2019

It would be advisable to do two things in your position. As a first step, you could contact an Illinois traffic ticket attorney and discuss your violation. Many offer free initial consults and based on your situation, they could help you make a decision on how you wish to proceed.

Second,...
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2 Answers | Asked in Car Accidents for Illinois on
Q: I got a ticket for failure to yield in an accident. What if the other driver shows up to court

Do I just plead guilty at that point? If I just pay the tick and not go to court, how does that effect anything in the future?

Peter N. Munsing
Peter N. Munsing answered on Nov 26, 2019

Depends on points. Sometimes you can get a no point plea.

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2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Illinois on
Q: What should I do in my case? How do I get my insurance to cover the damages to my car ?

My auto insurance has denied my claim for property damage and rescinded my policy due to misrepresentation and false warranties.

Charles Candiano
Charles Candiano answered on Nov 11, 2019

If you are correct about your misrepresentations, your insurance is probably within its rights to refuse payment and to cancel you.

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1 Answer | Asked in Car Accidents, Civil Rights and Criminal Law for Illinois on
Q: In preparing to bring civil action for an auto accident I have been able to show the police falsified a report

One witness accused by one driver causing him to back into my son, was released without statement the Driver information exchange was missing the offending driver info on my sons copy. I hired an independent collision expert who determined it was impossible for the accident to happen the way it... Read more »

Michael J. Morse
Michael J. Morse answered on Nov 4, 2019

Speak to your attorney handling the auto case. Sounds like if you show your evidence you can get the report changed or at least show there is a question of fact regarding the veracity of the report. You should also try and make an addendum to the original report. Good luck!

3 Answers | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: Well I’m a truck driver. And I came to a complete stop. Another driver hit me on the right side

Because she was speeding. But the police didn’t hear my side of the story and gave both of us a ticket. I don’t think it was fair if she hit me . Her vehicle is damaged in the front.

Theodore J. Harvatin
Theodore J. Harvatin answered on Oct 31, 2019

I imagine she told a different story. Cop is not the ultimate decision-maker and he did not witness the crash. You need to plead not guilty and show up in court.

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2 Answers | Asked in Car Accidents for Illinois on
Q: I am being sued for a car accident 2 years ago and I cant afford an attorney. What do I do?

I was in a car accident in 2017 and now I received a court summons that says I am being sued for over $50K. I had auto insurance at the time but they aren’t responding to me now. I am a single mother living in a low wage job, I can’t even afford an attorney. What do I do??

Robert D. Kreisman
Robert D. Kreisman answered on Oct 25, 2019

I think that you should call the plaintiff's lawyer as soon a possible and let that person know you are uninsured. Most lawyers will then request from the Illinois Secretary of State a form letter that in fact you are uninsured and proceed not against you, which would be fruitless, but instead... Read more »

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1 Answer | Asked in Car Accidents for Illinois on
Q: how to handle a vehicle claim with homeowners insurance involved

i was recently re-ended and also a tree of my neighbors fell into my drive and also damaged my vehicle and now i am getting the run around from 3 insurance companies and need advice on how to handle this

Tim Akpinar
Tim Akpinar answered on Oct 8, 2019

This is something that an Illinois attorney would be best suited to advise you on, but your question remains open for three weeks. There is not really a step-by-step instruction for this situation, based on the brief facts at hand. It sounds like it could turn out to be a complex case because... Read more »

2 Answers | Asked in Car Accidents for Illinois on
Q: Car accident 3 years ago with CTA bus.

I was in a car accident 3 years go with a CTA bus. I took the fault. Had no other choice. CTA bus driver was soooo dramatic left in a ambulance.

Later the CTA bus driver sued me for injuries.

I think it’s absolutely unfair because my car had all the damages and the CTA bus... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

Your insurance will fight it. That's what you have insurance for. That's what they do.

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