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Illinois Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Illinois on
Q: I was a passenger in car accident 2 years ago in Arizona, but from Illinois nobody in the accident had insurance.

I was the only person who had insurance. I made a claim and hired a lawyer. It’s been 6 months since my lawyer sent them proof nobody had insurance in the accident, and I want them to abide by the policy and pay me 25,000 my lawyer says the insurance company in Illinois doesn’t have a time... View More

Tim Akpinar
Tim Akpinar
answered on Dec 11, 2023

An attorney for the applicable jurisdiction could advise best, but your question remains open for two weeks. It isn't fully clear what is going on here from the brief description, but in such cases, the option is usually to pursue a UM, or uninsured motorist claim, unless your attorney is... View More

2 Answers | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: I rear ended someone because I taught they had gone ahead taking a yield turn but instead they stopped and I went

Ahead but saw they were there and breaked too late, I got a ticket for “ driving too fast” and I don’t have to appear in court. It was a minor hit, my car didn’t get damaged and the other car got a slight dent and some scratches from my license plate. Should I plea guilty ?

Adam Maksimovich
Adam Maksimovich
answered on Dec 9, 2023

If you plead guilty, without appearing in court (ie paying the ticket), it will be a conviction on your driving record and may affect your insurance, and potentially cause other problems. I would recommend speaking to a lawyer to see if you can have it dismissed or if you are eligible for court... View More

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1 Answer | Asked in Car Accidents and DUI / DWI for Illinois on
Q: In an aggravated DUI, will the driver still get a felony if the victim was also under the influence?

They want to drop it to a misdemeanor since my son was also drinking. He lost his leg, broke his neck, back and shattered his spleen.

Theodore J. Harvatin
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answered on Nov 12, 2023

Your question is unclear. I can’t tell who is being charged, you, your son, or someone else? I’m not even sure who was driving. But in any event, if someone is charged with drunk, driving in an accident in which someone suffers “great bodily harm“ it can be charged with a felony regardless... View More

1 Answer | Asked in Car Accidents for Illinois on
Q: What happens if a friend of mine ran someone over 2 years ago and the person that got hit was paralyzed,

and died this year, Will they still be fined and charged with vehicular manslaughter?

Tim Akpinar
Tim Akpinar
answered on Jul 22, 2023

An Illinois attorney could advise best, but your question remains open for a week. I'm sorry for this terrible situation and for the family of the victim. This is something that a criminal defense attorney would have more insight into than a car accident attorney who handles civil litigation,... View More

1 Answer | Asked in Personal Injury, Car Accidents and Construction Law for Illinois on
Q: Is there a minimum bridge clearance for a unposted overpass in the city of Chicago

I hit an unmarked overpass that belong to the railroad with my semi trucking done considerable damage to the trailer

Tim Akpinar
Tim Akpinar
answered on Apr 26, 2023

An Illinois attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, you could look into whether the Chicago Department of Transportation has information on this. Good luck

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

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
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.

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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... View 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... View More

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