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Illinois Car Accidents Questions & Answers
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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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... View 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... View 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
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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.

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2 Answers | Asked in Car Accidents, Libel & Slander, Criminal Law and Civil Litigation for Illinois on
Q: Can a person take a picture of my car to use as evidence in their case?

A petitioner took a picture of my car to use for their evidence because they say that my car resembles a car they have video of but not plate number. The person took the picture without asking me. I explained that just because my car is the same model in their video doesn’t mean it proves it’s... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 15, 2021

No one needs your permission to take a picture of your car if it is visible anywhere. In fact, the photograph may be offered into evidence as corroborating evidentiary exhibit that may show that the make, model, shape, color and the type of the vehicle matches the one on the video.

A...
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2 Answers | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: If you have a accident with another vehicle and receive a ticket for ignoring traffic light. Should you sign and pay.

No one seemed to be injured and driving record great but don't want to admit guilt by signing ticket if there is another way or if it could turn out to bite me later.

Dan Nold
Dan Nold
answered on Aug 31, 2021

You should not. It can be used against you in any potential civil claim.

Also, you have a decent chance of getting the ticket dismissed by pleading not guilty and requesting a bench trial. An attorney can be used to make sure this process goes smoothly and to ensure that you don’t say or...
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1 Answer | Asked in Car Accidents for Illinois on
Q: boyfriend took car without permission and did a hit and run on someone else’s car. Everything is in my name. What to do?

He doesn’t want me to tell on him but I feel like I’m going to be responsible for his mess. He hit a car and left the scene. While I was sleeping. The police towed it and I never heard anything. Now I’m out of a car. What should I do? I don’t want to get him in trouble and gets mad if I... View More

Charles Candiano
Charles Candiano
answered on Aug 2, 2021

Please consider the following:

1.) I have never counseled a client to lie and I am not telling you to lie. That said, you need to understand that if you tell the police that your boyfriend took your car, without your permission, you are telling your insurance company that they are not...
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1 Answer | Asked in Car Accidents, Insurance Defense and Traffic Tickets for Illinois on
Q: I have a car with insurance but my brother drove my car with a revoked license. I was not aware. Will I be covered?

He drove my car while I was out of the country. Just waiting for my insurance to call back.

Charles Candiano
Charles Candiano
answered on Jul 26, 2021

It depends on your carrier. Your insurance only covers "licensed drivers." Given that his license was revoked, your brother was NOT a licensed driver. Any carrier could use such an opportunity to legitimately deny a claim. That you were unaware is irrelevant unless he stole the car.... View More

1 Answer | Asked in Car Accidents for Illinois on
Q: My BF was in a car accident, was sued. He doesn't work, I do. Can his attoney come after me?
Tim Akpinar
Tim Akpinar
answered on May 20, 2021

An Illinois attorney could advise best, but your question remains open for three weeks. It could depend on whose name the car is under. In trying to offer a simplified response based on the limited details here, it would more likely be the other vehicle's attorney who could be a matter of more... View More

2 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was involved in a minor accident & I have no insurance. Will I have to go to court? They sent me an attorney lien lett
Robert D. Kreisman
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Robert D. Kreisman
answered on May 4, 2021

The short answer is that a lawyer for the party who may claim some injury has sent you the form letter that generally kicks off such a case. I'm sure the letter asks you to report this incident to your insurer, which you don't have. Many lawyers in your situation will turn to their... View More

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1 Answer | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: I was in an accident other driver was charged with lane viol he's fighting it in court if win can state come after me?

I've been called in to testify

Charles Candiano
Charles Candiano
answered on Apr 27, 2021

You asked this under Illinois law so I assume the accident was in Illinois. I cannot comment on Nebraska law as I do not practice in Nebraska.

You have been subpoenaed to testify as a State's witness. ostensibly, your testimony will support the State's contention that the...
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2 Answers | Asked in Traffic Tickets, Car Accidents and Insurance Defense for Illinois on
Q: I'm uninsured and someone lets me drive their car also is uninsured, i got into totaled the car, i do i have to pay?

got into an accident and totaled the car*, is it required to pay them?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 5, 2021

If you are at fault in the accident and do not have insurance, then the victim or other party's insurance company very well may make demand on you and/or sue you for the damages. Also, it may impact your driving privileges. Depending on your financial situation, you may want to consult a... View More

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1 Answer | Asked in Car Accidents for Illinois on
Q: Recently my car was stuck in the snow I called a tow truck.

Upon the tow truck arrival I asked him to tow the vehicle from the front which there was room to allow that to happen. Instead he attached to chain to the bottom of the rear of the vehicle. As he drove off he began to snatch the vehicle several times slamming my vehicle into garbage cans after... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 25, 2021

Get an estimate, file a claim with their insurance company.

1 Answer | Asked in Car Accidents for Illinois on
Q: I got a ticket for driving too fast for conditions and now have a curfew. I was 17 now I’m 18. So I still follow it?

I was 17 at the time of the accident and now I am 18. I just got the letter the other day for the curfew. Do I still have to follow it now that I am 18?

Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

if its an order it's an order. You want to change the order but don't disobey it until you do.

2 Answers | Asked in Car Accidents for Illinois on
Q: Can a 17 year old get sued / law suit on them ? Is that legal ? I am really scared, a minority and need advice
Tim Akpinar
Tim Akpinar
answered on Jan 21, 2021

An Illinois attorney could advise best, but your question remains open for four weeks. Your insurance company would be able to meaningfully advise you on this, as insurance practices are governed by state law. But as a general rule, minors are not necessarily protected from being sued in motor... View More

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3 Answers | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: Why does my daughter have a ticket for an accident where she was the only person or vehicle involved in Illinois

My daughter was traveling through Illinois on her way back to Arkansas from seeing a friend. She Hydroplaned on the freeway after hitting standing water going 55 in a 65 she went off the road and totaled her car and she got a traffic ticket. No other vehicles or personnel were involved. It was... View More

Theodore J. Harvatin
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answered on Jan 6, 2021

Because it’s arguable that she failed to maintain control over vehicle, failed to reduce speed to avoid an accident, drove too fast for conditions and other possible violations. The state has to prove those but the fact that it was a one vehicle accident does not constitute a defense

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1 Answer | Asked in Car Accidents for Illinois on
Q: Got stuck called tow truck, tow driver winches my car out and my car hits his truck and damaged my car, is he liable?
Charles Candiano
Charles Candiano
answered on Dec 30, 2020

Yes. Once he took control over your car, he had a duty to return it in the same condition that he received it.

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