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Illinois Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Illinois on
Q: What penalty will I face if the other person doesn’t report a car accident?

I merged into the lane next to me and as I was doing so the person sped up and I clipped their car minor damages occurred the person never reported the accident but is now trying to make a police report

Charles Candiano
Charles Candiano
answered on Apr 15, 2023

If they do not report it, nothing happens. I think you mean to ask what will happen if they DO report the accident and that is the question I'm answering.

Failure to Stop at the Scene of a Property Damage Accident and Improper lane usage are the first to come to mind. On your...
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1 Answer | Asked in Car Accidents for Illinois on
Q: I was recently awarded an amount for a car accident and I feel like the lawyer is taking way too much

So back in 2020 I was in a car accident and because of the accident I did have to see get physical therapy I got injections in my back the first offer was like 13,000 something and I turned it down because I felt it was highly unfair that was a commercial vehicle that hit me they ran a light was... View More

Charles Candiano
Charles Candiano
answered on Mar 23, 2023

That is not possible. You should get a minimum of $16,000.

Though you do not tell us the amount of your medical liens, they must have exceeded $24,000 (40% of your recovery). Under the Illinois healthcare lien act, when that happens, by operation of statute, provider liens are limited to...
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1 Answer | Asked in Car Accidents and Criminal Law for Illinois on
Q: I was in an accident And i panicked for whatever reason and I drove off. What do I do now

I was in an accident And i panicked for whatever reason and I drove off. I checked online and there was a report made with no injuries but there was damage over 1500 dollars. I have insurance and I have a license I don't know why I panicked. But now I don't know what to do should I turn... View More

Charles Candiano
Charles Candiano
answered on Mar 8, 2023

Doing Nothing is NOT an option! Consult a local traffic/criminal defense attorney with further details to assess your options. Do NOT provide any further details online as you are admitting to a crime. If you had a valid license and insurance, there could be no immediate consequence beyond your... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: I got a ticket for driving 28 over speed limit in 25 mph zone. I know it can be a jail time . How likely that to happen?

Mount Prospect Illinois

Brandon K. Davis
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Brandon K. Davis
answered on Feb 5, 2023

The maximum penalty for speeding 26-34 mph over the limit is 6 months in jail and a $1,500.00 fine - the minimum penalty is court supervision. Of course, the goal is to avoid jail time and a criminal conviction. Traffic school and community service are more common than jail. The ultimate result... View More

1 Answer | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: in a car accident and received 2 ticket for uninsured vehicle and expired registration can the tickets be thrown out?
Theodore J. Harvatin
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answered on Jan 11, 2023

If should purchase insurance and bring proof to court. They would provide you court supervision and fine you but you would avoid a no insurance conviction, which would cause a suspension of your license.

Note: you will have to purchase SR 22 coverage, in addition to your regular insurance....
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1 Answer | Asked in Insurance Bad Faith and Car Accidents for Illinois on
Q: My auto insurance denied my claim on a financed vehicle. How can they deny my claim if I had full coverage?

My insurance company denied my claim due to the EDR or black box in my car; it didn't show that any car hit my car. When it comes to the EDR system in the car, the only time it activates is when the airbags deploy. That being said, the vehicle that bumped me didn't hit me hard enough that... View More

Lindsey Seeskin
Lindsey Seeskin
answered on Dec 7, 2022

United Equitable's denial is technically legal, but that does not make it completely right. Unfortunately, United Equitable is one of several insurance companies in Illinois that come up with a myriad of reasons to deny coverage for their own policyholders. Those reasons are oftentimes very... View More

2 Answers | Asked in Insurance Bad Faith and Car Accidents for Illinois on
Q: I had full coverage insurance with United Equitable and they denied my claim on a financed vehicle. Is that legal?

I was driving to work when a car from the left lane swerved into my lane ended up bumping my front driver's side bumper and, making me swerve out of the way and having me lose control. My car hit the right side rail on the highway and then spun around, crashing into the median that separates... View More

Lindsey Seeskin
Lindsey Seeskin
answered on Dec 7, 2022

United Equitable's denial is technically legal, but that does not make it right. Unfortunately, United Equitable is one of several insurance companies in Illinois that come up with a myriad of reasons to deny coverage for their own policyholders. Those reasons are oftentimes very questionable... View More

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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... View 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... View 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... View 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... View 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... View More

Theodore J. Harvatin
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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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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...
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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... View More

Theodore J. Harvatin
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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...
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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... View 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... View 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... View 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... View 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... View More

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