Lawyers, Answer Questions  & Get Points Log In
Illinois Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: Will the other party be notified of court date of my son pleading not guilty to accident ticket?

My son was just in accident, was turning left on a yellow and other female student driving in opposite direction sped up and they crashed, therefore he got ticket. My insc agent said for him to plead not guilty and as long the accident claim in processed before the continued court date she should... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 16, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. If you haven't already done so, you should consider reaching out to a traffic ticket defense attorney in the Chicago area. I don't think the accident loss claim is going to be processed before the... Read more »

1 Answer | Asked in Car Accidents for Illinois on
Q: is it legal for police officer not to ask me to call towing and he calls his preferred tow and we end up with 15000$ bil

there was accident invoving my driver of truck and trailer , police never asked us to call towing. he calls "preferred towing", towing never asks us where to tow. tow us to there location and now they have 15000$. truck and trailer were towed separatelly and they do not wanna release my... Read more »

Charles Candiano
Charles Candiano
answered on Oct 6, 2022

ABSOLUTELY! The police have a duty to clear the highway after an accident. To that end, in any given jurisdiction, tow operators must apply with the police agency or district and must be able to respond 24/7 (in good weather) within 20 minutes and meet other criteria, as provided by State Vehicle... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: Can I apply for court supervision a second time even though it hasn’t been 12 months since my last court supervision?

So I currently got into a car accident in where it was my fault. No one got hurt. But I got a ticket for reduce to speed/accident. I was trying to brake but my foot slipped off the brakes and it was too late. I took a court supervision in November. I was told no tickets between 6 months or 12 but... Read more »

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin
answered on Oct 5, 2022

They may grant you supervision twice in a year. But even if you were convicted, if the Nov ticket is the only one for 12 months it will not be a problem. Having said that, go to court and ask them if the other driver showed up. If they did not show up, most likely the ticket will be dropped. By the... Read more »

1 Answer | Asked in Car Accidents for Illinois on
Q: a vehicle with a dealer lien was involved in a collision, towed to our shop in chicago.

the vehicle owner stated he had no current insurance. i called the lienholder at their corporate headquarters; they are located in the state of Georgia. I was informed they would have to report the incident to the department of abandoned vehicles, which would probably involve a delay of 30-60 days... Read more »

Charles Candiano
Charles Candiano
answered on Sep 12, 2022

Please ask a more specific question. If you are asking whether you are permitted to charge storage fees as permitted by Illinois statute, the answer is YES. Just to be on the safe side, I would send the lienholder a letter by certified mail with return receipt requested, memorializing your... Read more »

1 Answer | Asked in Car Accidents for Illinois on
Q: Value of shoulder labrum tear from rear-end accident.

I know the value can fluctuate but looking for best guestimate range. Rear ended in vehicle accident when I was at a red light. Neck/back and shoulder pain. Neck/back was treated by chiro for a couple of weeks before I got into an orthopedic doctor. Received cortisone shot in right shoulder (right... Read more »

Charles Candiano
Charles Candiano
answered on Aug 30, 2022

First of all, let me commend you for having the foresight to carry reasonable limits of insurance. It is exactly this type of situation where that pays off. Irrespective of the at fault driver's policy limits, you have at least $250,000 of coverage available, without looking at the policy.... Read more »

1 Answer | Asked in Car Accidents for Illinois on
Q: Diminished Value on a suv because of a delayed reporting on a crash. Bought a 2017 Jeep Grand Cherokee, used, carfax

showed no accidents, and two years later, during a repair, discovered it had been involved in a left frontal accident, checked carfax again, and it was reported a year later after my purchase?

Charles Candiano
Charles Candiano
answered on Jun 30, 2022

Though it is true that a car has diminished value once it is involved in an accident, the amount by which the value is diminished varies widely. Illinois law provides for you to make a claim for diminished value on vehicles that you own. On your facts, this vehicle was involved in an accident... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Illinois on
Q: A few months back I was driving a rental car and hit a deer. I now am going to court for driving without insurance?

I sold my car years ago and use rental cars for work so I don’t have my own personal insurance besides on my credit card. I had always thought that rental car companies legally had to have state minimum coverage on their vehicles. How do I fight this?

(Update #2): Providing a second... Read more »

Charles Candiano
Charles Candiano
answered on May 13, 2022

Please don't say that you thought car rental companies were obligated to provide insurance. They all DO provide insurance as a DEFAULT.

The application requires you to SPECIFICALLY DECLINE insurance coverage and additionally makes you sign or initial that choice. Additionally, rental...
Read more »

1 Answer | Asked in Car Accidents and Bankruptcy for Illinois on
Q: Insurer filed Dec 21 a lawsuit for the damage I made in a car accident in Dec 2016. Can the debt be written off?

Untill this year I didn't know that the other driver filed a claim, the approximate damage looked around $1000 but it turned out that he filed a claim for more than $11.000.

I’m not sure if it’d suspend my driver license if I’m not capable of paying that amount. I can’t let... Read more »

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin
answered on Apr 13, 2022

You can enter into a payment plan with the insurance company if you can agree upon an amount. As long as you stick with the payment plan your license will not be suspended. Or you can write off the debt and bankruptcy. Or win the case in court.

Otherwise, if they take a judgment and file...
Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: I got a ticket from an accident and the cop told me a court date verbally but on my ticket there is no info about court

The court box isn't checked off either. What do I do? Thanks

Charles Candiano
Charles Candiano
answered on Mar 31, 2022

To provide a meaningful answer, you really need to tell us more. For example, what was the ticket for? If you got a ticket for no insurance, you should get insurance before you go to court. Also, if you caused the accident and did not have insurance, you need to contact the other persons involved... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Illinois on
Q: involved in accident a car slammed into me and pushed me into the car in front now her insurance wants me to pay ? why?

i was not insured at the time of accident

Charles Candiano
Charles Candiano
answered on Mar 18, 2022

On your facts, you are not liable. Rather, the car that struck you is liable for the property damage to your vehicle, any injuries that you or your passengers sustained, any property damage to the car that you were forced into and any personal injury that the driver or any of the passengers of the... Read more »

1 Answer | Asked in Car Accidents and Wrongful Death for Illinois on
Q: Is there a time frame for suing for Wrongful Death?

I lost my entire family when a Semi Truck driver ran over their car from behind. I had an attorney who took advantage of my grief coaxing me to settle for a outrageously low amount. He didn't follow through with the suits he had promised and it has bothered me through the years.

Charles Candiano
Charles Candiano
answered on Feb 13, 2022

You must file suit within 2 years. That said, once you signed the Release in exchange for the money, you lost the ability to sue. The situation that you describe is the "Holy Grail" of personal injury attorneys because most commercial semi's have virtually unlimited insurance. It... Read more »

1 Answer | Asked in Car Accidents for Illinois on
Q: I got into a car accident nobody was hurt minor damage to both cars but i got cited and now have to go to court

Police said it was my fault and what was on the citation was inpoper turn usage

Charles Candiano
Charles Candiano
answered on Feb 6, 2022

You need to ask a question. If you are asking whether you should hire a traffic attorney, it is always better to be represented by counsel.

1 Answer | Asked in Car Accidents and Insurance Defense for Illinois on
Q: Dear lawyers, I hope this message finds you well. Recently, I had an accident, and a car hit me from behind.

The driver’s car insurance is American Family. Based on the State Police Trooper report as well as the American Family insurance company investigations, the driver behind me was at fault for the accident. Therefore, I was told by the American Family insurance company that they will fully cover... Read more »

Charles Candiano
Charles Candiano
answered on Feb 2, 2022

By definition, whenever the cost of repair exceeds the fair market value of the vehicle, it is totally demolished. On your facts, your car is worth $1500 and would cost $12,000 to repair, accordingly, your car is totally demolished. You have choices.1.) You can accept $1500 and give the title to... Read more »

2 Answers | Asked in Car Accidents, Domestic Violence and Small Claims for Illinois on
Q: My ex has my car that i paid for. He has the car because both names are on the car. He totaled it and wants the title.

There is a restraining order so this is why it’s difficult. What do i do about the car situation and the title? I believe he’s getting money from the insurance company.

Chase Van Oostendorp
PREMIUM
Chase Van Oostendorp
answered on Jan 13, 2022

Is your ex your ex husband? If so, does the Divorce Decree state who retains possession of the vehicle? Is the restraining order against you or your ex?

These factors will have an impact on what your relief may be in this situation.

View More Answers

1 Answer | Asked in Car Accidents and Tax Law for Illinois on
Q: I got hit from a semi truck from behind . I called the police and he give me the ticket . Developed dvt,head injury back
Charles Candiano
Charles Candiano
answered on Jan 13, 2022

The only way that YOU could be ticketed on a rear-end accident is if your disabled car was in the roadway. If this is not the case, you should NOT have received a ticket AND you should be able to recover. Please contact my office and I am happy to answer any questions you may have without any... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: If a vehicle is standing that got hit by another car can I sue the driver of the standing vehicle also

Lawsuit

Charles Candiano
Charles Candiano
answered on Dec 6, 2021

If a vehicle was stopped on a roadway and ANY of the vehicle remained on the roadway, it constituted a hazard to other vehicles on the roadway and it is liable for ALL property damage and injury that results, no matter how many vehicles are involved. If the stopped car caused the car that hit you... Read more »

View More Answers

1 Answer | Asked in Car Accidents for Illinois on
Q: I have a Vehicle that is under warranty that has an engine problem. I have receipts of the maintenance done on the car,

Warranty company rejected the claim because the work was not done by a national chain? Can they do that?

Charles Candiano
Charles Candiano
answered on Dec 1, 2021

You have a contract with the warranty company. Nobody can answer your question without looking at the contract. The warranty company doesn't want you to go to someone who doesn't know what they are doing, do MORE damage, and then have you come back to them for more service.

1 Answer | Asked in Car Accidents for Illinois on
Q: My car was involved in an accident a side swipe at the scene I gave my information the other party pulled off

The other party didn’t give me there information a couple weeks after the accident this young lady contacted me via Facebook and got my cell from local people sending me threats of what’s she’s going to do if I don’t cough up money for her car after we went back n forth a moment of who’s... Read more »

Charles Candiano
Charles Candiano
answered on Nov 20, 2021

Why are you admitting to a hit and run, in a public forum? You gave the other driver your information because you were at fault. You were obligated to get the other driver's information and you should have made a police report and turned it in to your insurance company. The only reason... Read more »

1 Answer | Asked in Car Accidents for Illinois on
Q: If I got Into a car accident and I was issued a ticket but the cop said I didn’t have to show up to court I just had

To pay it. But then I got a letter in the mail saying I have to show up to court.what does that mean?

Charles Candiano
Charles Candiano
answered on Nov 3, 2021

Obey the "letter" from the Court. Most importantly, Contact your insurance carrier and seek their advice BEFORE you do anything that may jeopardize your coverage. Part of your insurance is a "duty to defend" you. That would be VERY expensive or not affordable if you had to pay for it.

2 Answers | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: what is a 11-602 citation

girl ran a stop sign hit me and cited for 11-602A

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin
answered on Oct 8, 2021

That isn’t a violation. Probably 11-601. Failure to reduce speed to avoid an accident most likely. Part of the speeding section. It’s a minor violation.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.