Illinois Car Seat Laws

If you are caring for young children, you want to ensure their safety at all times. When riding in a motor vehicle, it is especially important to abide by Illinois car seat laws and requirements. Failure to do so will not only result in fines and penalties, but the child could also risk severe injury during an accident.

Requirements for Car Seats in Illinois

The Illinois Child Passenger Protection Act establishes the requirements for car seats in the state. This law aims to protect children by requiring parents and guardians to use the appropriate child restraint seat for the child’s age, weight, and height.

In particular, Illinois motorists must adhere to the following requirements:

If a child weighs less than 20 pounds and is under the age of one, he or she must always be placed in a rear-facing car seat.
Rear-facing car seats should be placed in the back seat of a vehicle and not in front of an active air bag.
If a child outgrows a rear-facing car seat, he or she can transition to a secure front-facing car seat. Between the ages of four and eight, children typically transition from a car seat to a booster seat.

Parents should always check the manufacturer’s height and weight specifications for car seats and select an appropriate option for a child’s size. Children may ride in the back seat of a vehicle while wearing a seat belt when they weigh more than 40 pounds.

What Is the Penalty for Violating Illinois Car Seat Laws?

Failure to properly restrain a child in a vehicle can lead to devastating consequences. Many children suffer serious injuries and even lose their lives in motor vehicle accidents each year. Using the correct child restraint system can help protect children in the event of a collision.

Parents can also face serious penalties for failing to comply with the Child Passenger Protection Act. For a first offense, they could face a $75 fine and may need to complete an instructional course on properly installing the car seat. On second and subsequent offenses, the fine will increase to $200.

The Dangers of Defective Car Seats

Car seats can protect children’s lives during a motor vehicle accident. However, not all restraint systems are manufactured or designed safely. In some cases, defective car seats can lead to serious injuries and even death, failing to keep children safe.

If your child was injured due to a defective car seat, your family deserves justice. Car seat manufacturers have a duty to ensure that their products are safe to use. In these situations, you may be eligible for a product liability lawsuit against the manufacturer.

By filing a defective product lawsuit, your family can recover financial compensation for the damages that your child experienced. Examples of damages in defective car seat claims include the following:

Past and future medical expenses
Disability accommodations
Property damage
Physical therapy and rehabilitation
Emotional distress
Permanent disability
Mental anguish
Depression and anxiety
Wrongful death

If you believe that your child was injured due to a defective car seat, speak to a Chicago personal injury attorney as soon as possible to discuss your legal options. A lawyer can carefully evaluate your case and strategize your optimal path to recovery.

Can I Hold My Auto Mechanic Liable for Negligence?

In Illinois, car accidents can happen for many reasons. In many cases, a driver’s negligent actions cause a collision, such as running a red light or driving under the influence of alcohol or drugs. Poor weather conditions, low visibility, road defects, and defective auto parts can also be responsible.

However, some vehicle issues are the fault of an auto mechanic who failed to install a component correctly or committed another error while repairing a vehicle. If you believe that your mechanic is responsible for your car accident, you could file a lawsuit or insurance claim against him or her.

Mechanic Liability for Car Accidents

Like most states, Illinois follows a fault-based system when it comes to car accidents. Victims have the right to hold negligent parties liable for any damages that occur in accidents they cause. These at-fault parties are typically other drivers. However, government agencies, manufacturers of defective parts, and auto mechanics may also be financially for responsible for any collisions that occur due to their negligence.

Mechanics have a duty to uphold a certain standard of care while providing services to their clients. If the mechanic breaches this duty of care and causes a condition that later leads to car accident, he or she would be responsible for any damages that the victim sustains.

Examples of auto mechanic negligence include the following.

Selling defective or dangerous parts
Failure to satisfactorily perform the requested work for a vehicle
Performing unauthorized or unnecessary repairs
Failure to outline exactly what work was performed on a vehicle
Committing fraud while providing mechanic services
Damaging the vehicle while it is in the mechanic’s possession

What to Do If You Sustain Mechanic Negligence

Proving a car accident claim in Illinois is not always easy, especially in cases involving mechanic negligence. To secure compensation in your case, you will need to prove that the mechanic’s actions breached his or her duty of care and caused your accident and subsequent damages. You will need to gather significant evidence to prove the mechanic’s liability, including medical records, police reports, and reports from vehicle experts who can pinpoint the negligent act.

As soon as possible following the accident, take the following steps to preserve evidence and protect your right to compensation.
Call 911 and report the accident to law enforcement. Save the responding officer’s name and badge number so that you can access the police report at a later time.
Seek medical attention as soon as possible and save all records related to your injuries and treatment. Always seek medical attention, even if you feel uninjured—your medical records will be crucial pieces of evidence in your case.
Document evidence at the scene of the accident. Take as many pictures as possible of your vehicle, the area around the accident, any debris or skid marks, traffic signs and signals, and visible injuries.
Collect contact information from any witnesses in the area, as well as any other drivers who were involved in the accident. Keep your interactions brief and do not make any statements about the accident.
Gather any evidence about your mechanic visit, including invoices, photographs, and correspondence.

If you plan on filing a claim against a mechanic, you need an attorney on your side. A Chicago car accident lawyer can provide you with the resources, experience, and knowledge necessary to gather the evidence you need to prove the mechanic’s liability. Bring your evidence to an attorney as soon as possible following your accident to discuss your legal options.

Illinois Car Accident Laws

Car accidents are unfortunately common in Illinois, leading to thousands of injuries each year. Victims of these collisions have the right to hold negligent drivers accountable for their losses, which may include medical expenses, lost wages, property damage, and pain and suffering. If you plan to file a car accident claim in Illinois, it is important to be aware of the laws that surround the insurance and litigation processes.

There are several laws and requirements that Illinois drivers need to follow. Failure to abide by these rules—or drive a motor vehicle safely—can result in serious penalties, including fines, jail time, and financial liability for any accidents.

Here is a brief overview of the car accident laws that you need to know when you operate a vehicle on Chicago roads.

Illinois Insurance Requirements

Like most states, Illinois follows a fault-based system when it comes to car accidents. Any driver who causes a collision is financially liable for the damages of his or her victims. For example, if a driver runs a red light and collides with a vehicle traveling through the intersection, he or she must pay for the economic and non-economic losses that the other driver, his or her passengers, and any other victims sustain in the crash.

To uphold this financial responsibility, all drivers in the state of Illinois must carry the following minimum amounts of liability insurance.

$25,000 for injury or death of one person per accident
$50,000 for all of the injuries or deaths that occur in an accident
$20,000 for property damage that occurs in an accident

Under this system, victims of car accidents can seek compensation by filing an insurance claim against the at-fault driver or filing a personal injury lawsuit in civil court. If the driver is uninsured or does not have adequate insurance, victims can also file an insurance claim under their own policies as long as they have the appropriate coverage.

If you fail to carry the required insurance coverage, you could face fines and other penalties. Plus, you could be completely liable for any damages that occur in an accident that you cause. Always make sure to carry the appropriate coverage whenever you get behind the wheel.

Illinois Car Accident Reporting Requirements

In certain circumstances, you may be required to file a report after an Illinois car accident. According to the Illinois State Police, you must file a crash report if your collision involved any of the following:

One or more persons died in the accident.
One or more persons suffered a bodily injury in the accident.
Both drivers have insurance and the accident caused more than $1,500 in property damage.
One or more drivers are uninsured, and the accident caused more than $500 in property damage.

If a police officer appears at the scene of the accident, he or she will create a report about your crash. However, if an officer does not respond to the collision, you will need to file a report with the Illinois State Police within 10 days.

Filing Deadlines for Illinois Car Accident Claims

If a victim wants to file an insurance claim after his or her accident, he or she will need to adhere to the filing deadline established by the appropriate insurance company. Some insurance companies require claims to be filed within a month of the accident, while others could impose shorter or longer deadlines.

A car accident lawsuit, on the other hand, is subject to a rule known as the statute of limitations. Under this law, victims have two years from the date of the accident to file their claim or the court will dismiss their case. If a person was killed in the accident and someone is filing a wrongful death claim on his or her behalf, the deceased’s representative has one year to file.

The Statute of Limitations for Accident Claims

The statute of limitations is a law that sets filing deadlines for certain types of lawsuits. This rule is very important; if you file a claim after the appropriate deadline passes, the court will likely dismiss your case. As a result, you will be ineligible to recover compensation.

In Illinois, the statute of limitations for car accident lawsuits is two years from the date of your collision. If anyone died as a result of the accident, the filing deadline is also two years. However, if you are filing a claim for property damage, you have five years to bring your case to court.

Comparative Negligence in Car Accident Claims

In many car accidents, one driver is clearly at fault for the accident and is liable for the entirety of the victims’ damages. However, not all collisions are as straightforward. In some accidents, both drivers may be partially responsible for the collision.

In these situations, Illinois’s comparative negligence laws will apply. Under this rule, the court will reduce a plaintiff’s award by the amount of fault that he or she shares. If the plaintiff’s liability exceeds 50% of the total, he or she will not be eligible to recover any compensation.

For example, say that a driver ran a red light and collided into your vehicle. However, you were texting and driving at the time of the collision. In this situation, the court may assign you 30% of the fault. If you request a $40,000 settlement, you will only be eligible to recover $28,000.

Do You Need a Lawyer?

If you are filing a car accident lawsuit or insurance claim in Illinois, it is important to seek the help of a Chicago auto accident attorney as soon as possible. A lawyer can provide several benefits to your claim, including the following.

Your lawyer will be able to negotiate with the insurance company on your behalf and advocate for your maximum possible compensation.
Your attorney can conduct an in-depth investigation into your accident to identify the liable party and craft a compelling case for your right to compensation.
Your lawyer can accurately calculate your damages and ensure that any settlement offers you receive are sufficient to meet your needs.
If your accident involves complex factors such as unclear liability or extensive long-term costs, your lawyer will have access to expert witnesses who can testify on your behalf.
Navigating a car accident claim can be difficult after a recent injury, and your lawyer can handle all aspects of your case so you can focus on recovery.

After you seek medical attention for your injuries, contact an attorney to discuss your optimal path to compensation.

How Long Does It Take for an Insurance Company to Pay Out a Car Accident Claim?

Illinois is a fault car accident state, meaning that collision victims have the right to file an insurance claim or lawsuit against the drivers responsible for their injuries. A typical car accident can result in thousands of dollars in losses, from medical expenses and lost wages to property damage and pain and suffering.

If you are injured in a car accident, you may be anxious to receive a settlement as soon as possible after your collision. However, it could take months for the insurance company to resolve your case. The length of time that you can expect to receive compensation will vary based on the circumstances surrounding your case.

Illinois Requirements for Insurance Claims

The Illinois Insurance Code does not specify when an insurance company must approve or deny a claim. Illinois insurers must issue a decision in your case within a reasonable time after you submit your documents. This timeframe can be as short as a few weeks to as long as a few months.

State law does specify, however, the amount of time the insurance company has to acknowledge your claim and pay out your settlement. Insurance companies have 15 days from receiving your initial claim to acknowledge the claim and send instructions and paperwork, such as proof-of-loss forms. If the company approves your claim, it has 30 days from the date of approval to make the final payment.

How Long Does the Average Insurance Claim Take?

In most cases, car accident claims usually settle within one month. However, if your case involves complicated or unusual factors, the insurance company may need more time to investigate your case. If your case involves lack of evidence, requests for non-economic damages, multiple liable parties, or a policyholder who claims that you are responsible for the accident, your claim will likely take longer than 30 days.

One key reason as to why an insurance claim may take longer than usual involves maximum medical improvement (MMI). MMI refers to the point where you have recovered as much as you can from your injury. You are unable to understand the full extent of your injuries and damages, such as long-term care costs, until you reach this stage.

As a result, it is not in your best interest to accept a settlement before you reach MMI and can accurately calculate your compensation. Any settlement offer that you receive at this stage may be insufficient to meet your needs, leading to hardship later on. If you sustain very severe injuries that require extensive medical care, your insurance claim will likely take longer to resolve.

What to Do After an Illinois Car Accident

After your car accident, there are certain steps you can take to support your future claim. Seek medical attention as soon as possible and save all records related to your injuries. Call 911 and report the accident to law enforcement. If you are able, collect evidence at the scene such as witness contact information, photographs, and insurance, license, and contact details from the at-fault driver.

If you are filing a car accident lawsuit or insurance claim in Illinois, you may need help to secure the compensation you deserve. In these situations, a Chicago car accident lawyer can guide you through the claims process and advocate aggressively for your right to recovery. Contact a lawyer as soon as possible after your accident to discuss your case and legal options.

Lost Wages After Car Accident

Car accidents often result in severe injuries, such as broken bones, burns, brain damage, and whiplash. Depending on the nature and extent of this harm, you may need to take days, weeks, or even months off of work to recover. As a result, you can lose significant amounts of wages.

When you need to pay for medical care, property repairs, and other expenses after your collision, lost wages place additional financial stress on your household. However, you may have the right to recover these losses through a car accident lawsuit or insurance claim.

Recovering Compensation for Lost Wages

Illinois is a fault car accident state, meaning that negligent drivers who cause collisions must pay for their victims’ damages. These damages may include medical expenses, vehicle repairs, and pain and suffering. You can also recover compensation for any lost wages that resulted from your accident.

In most cases, lost wages occur because you sustain a physical injury that prevents you from performing your job for a period of time. You can also recover compensation for lost wages if you developed a debilitating mental health condition due to the accident, such as post-traumatic stress disorder. You may also be entitled to the wages you lost while you were receiving medical care for your injury.

For example, say that you work in a warehouse, and you break your leg in a car accident. Since your job requires you to move around, you are unable to work during this time. You also need to receive initial medical care after your accident and attend follow-up appointments as your leg heals, which requires you to take even more time off of work. In this situation, you would be entitled to recover the full amount of wages that you would have received if you had not been injured.

To secure compensation for lost wages in an insurance claim or lawsuit, you will need to provide proof of income and proof that you were not working during your recovery period. Documents such as paystubs, checks, and correspondence with your employer can help you prove your right to lost wages. Hiring an experienced car accident lawyer can help you recover the necessary evidence should you file a lawsuit or claim.

What Is Lost Earning Capacity?

Depending on the circumstances surrounding your accident, your injuries may be so severe that they prevent you from returning to your previous position. For example, say that you work as an electrician, but your arm is amputated in a car accident. Because you are unable to return to your previous position, you need to accept a lower-paying job as a cashier in a grocery store. In this situation, you would be entitled to recover compensation for your lost earning capacity, or the difference between your pre-accident and post-accident wages.

In some cases, you may be unable to work at all due to a permanent or long-lasting disability. You may sustain a traumatic brain injury, are paralyzed due to spinal cord damage, or become blinded by the accident, making it difficult to find another job. In this situation, you have the right to hold the at-fault party accountable for the wages you would have made if the accident did not happen.

Proving lost earning capacity is more complex than proving lost wages, but a Chicago personal injury lawyer can provide you with the resources you need to establish your right to compensation. Your attorney can connect you with expert witnesses, such as economists and life care planners, who can examine your disabilities and compare your earnings between two jobs. As soon as possible following your collision, speak to a lawyer to discuss your options for compensation.

Can You Still File a Lawsuit After Accepting a Settlement?

If you suffer injuries due to another person’s negligence in Illinois, you have the right to recover compensation from the at-fault party. Depending on the circumstances surrounding your accident, you may be eligible to file a personal injury lawsuit or insurance claim against the negligent individual.

When filing an insurance claim, it is very important to navigate this process strategically and make informed decisions during each stage of your case. Accepting a settlement offer too early can prevent you from recovering the compensation you need to heal.

What Happens During the Settlement Process?

When you file a car insurance claim against an at-fault driver, the company will assign an adjuster to investigate your claim. The adjuster’s job is to determine how the crash occurred, whether you or the policyholder were at fault, and whether you are eligible for compensation. If the insurance company finds that the policyholder caused the accident, the adjuster will calculate a settlement and present an offer to you.

If you agree to accept the settlement offer, the adjuster will provide you with a release of liability that explains the terms and conditions of the settlement. Once you sign this release, your claim is over, and you cannot reopen the case or pursue a lawsuit against the at-fault driver.

Since insurance companies are responsible for paying for your damages, it is important to examine any settlement offers with a critical eye. The offer may be much lower than what you actually need to recover. A car accident lawyer in Chicago can help you evaluate your claim and calculate an estimated amount so that you can avoid an insufficient settlement, but if you sign the release, you cannot pursue further legal action in Illinois.

You may also reach a settlement after you file a lawsuit but before your case reaches trial. Like insurance settlements, you will forfeit your right to file a lawsuit once you sign the settlement release during pretrial negotiations.

When Can You Set Aside a Settlement?

There are situations where you may file a lawsuit after receiving a settlement offer. However, these exceptions typically arise if you and your attorney disagree on the terms of the release waiver.

If you received a settlement offer before you filed a lawsuit, you can choose to renegotiate the settlement before signing the release. If the insurance company refuses to renegotiate, you can proceed with a lawsuit.
If you reach a settlement after you file a lawsuit and before you reach trial, your attorney will negotiate with the defense lawyer to reach a beneficial release. If you reach an agreement, you can submit the release to the court and allow the judge to decide how to proceed. The judge may order you to sign the release, require the attorneys to change the release, or cancel the settlement agreement and proceed to trial.

Hire an Attorney for Your Personal Injury Case

The settlement process can be risky for personal injury victims. In these situations, you need an attorney who can advocate for your best interests, negotiate with the insurance company or defense attorney, and evaluate any settlement offers you receive so that you do not find yourself in a difficult situation.

Hiring a Chicago personal injury lawyer can provide several benefits to your case, including access to expert witnesses who can provide testimony on your behalf and the ability to calculate the full extent of your damages. As soon as possible after your accident, contact an attorney to discuss your case and legal options.

Should You Give a Recorded Statement to Insurance Companies?

Illinois is a fault car insurance state, which means that drivers who are responsible for accidents must pay for the damages of their victims. After a motor vehicle collision, you may file an insurance claim against the at-fault driver to recover compensation for medical expenses, lost wages, and other losses.

Soon after your accident, an insurance representative may contact you and ask for a recorded statement. He or she may claim that this statement will help you recover compensation faster, alleviating the burden of a lengthy litigation process. However, you should not provide this statement—and you should speak to a Chicago car accident lawyer as soon as possible.

The Insurance Claim Process in Illinois

After a car accident in Illinois, you have two options to seek compensation. You can file a personal injury lawsuit against the at-fault driver, or you can file an insurance claim against his or her insurance company. Alternatively, you could file a claim against your own insurance if you have the appropriate policies, such as uninsured/underinsured motorist (UM/UIM) coverage.

When you file your claim, the insurance company will assign a representative, known as an adjuster, to your case. The adjuster will then investigate your accident and determine who was responsible for the crash. Depending on the complexity of your case, you may need to enter negotiations with the company to obtain a maximum settlement. At the conclusion of your case, the company will decide whether to make a settlement offer and how much money you should receive.

Why Do Insurance Companies Ask for Recorded Statements?

When filing an insurance claim, it is important to remember that your goals may differ from those of the insurance company. You want to obtain the full amount of the compensation you need to heal from your injuries and recover from the losses you sustained in the accident. However, insurance companies are responsible for paying for this compensation, so it is unlikely that an adjuster will offer a maximum settlement immediately.

An adjuster may ask for a recorded statement early on in your case. At this stage in your case, however, you may not know the full extent of your injuries and damages. You may not know what long-term care you will require, and you may not know how the accident will impact your physical, psychological, and financial health in the future. You may not even know how the accident occurred.

It is important to know that the insurance company can use any statements you make as evidence against you. If you provide a recorded statement at this stage, you may make a statement that you later discover to be inaccurate. However, if you try to retract or revise your statement, the insurance company may use your previously recorded statement to disprove your credibility. This can lead to the company dismissing your claim or offering a much lower settlement than you deserve.

What to Do If an Insurance Company Asks for a Recorded Statement

You are under no legal obligation to provide a recorded statement to an insurance company. You have the right to decline this request. If an adjuster contacts you and asks for a statement, politely decline and state that you will not provide any statements until you speak to your attorney.

After speaking to the adjuster, contact a Chicago personal injury attorney as soon as possible. Your lawyer will handle all discussions with the insurance company on your behalf to protect your interests and preserve your right to maximum compensation.

Is Illinois a No-Fault State?

In the United States, insurance laws typically fall into one of two categories: fault and no-fault. 12 states follow a no-fault system, which requires each individual injured in a car accident to pay for their damages with their own insurance coverage. However, most states follow a fault-based system, which requires the driver responsible for the collision to pay for the damages of his or her victims. Like most states, Illinois follows a fault insurance system.

What Is a No-Fault State?

Only 12 states follow a no-fault insurance system: Florida, Minnesota, North Dakota, Kansas, New York, Massachusetts, Pennsylvania, Kentucky, Utah, Michigan, New Jersey, and Hawaii. In no-fault states, individual drivers must carry some form of personal injury protection (PIP) insurance. If a driver gets into an accident, he or she will need to file a claim with their own insurance coverage first.

If their injuries meet certain criteria, the victims may be eligible to file claims against the at-fault driver directly. Typically, car accident victims with catastrophic injuries, such as the loss of a limb or traumatic brain damage, can file a claim with the at-fault driver’s policy. They can also choose to file a personal injury lawsuit in civil court.

Illinois Car Insurance Requirements

At-fault drivers have a responsibility to pay for injuries, vehicle damage, and other losses related to accidents they are responsible for. All Illinois drivers must carry a certain amount of liability insurance to uphold this financial responsibility.

$25,000 for bodily injury or death per person per accident
$50,000 for total bodily injury or death per accident
$20,000 for property damage per accident

Drivers can choose to purchase higher amounts of coverage if they wish. Injured victims can only claim compensation up to the at-fault driver’s policy limits; if their damages exceed these limits, the company may not offer a sufficient settlement. The victims can choose to file a personal injury lawsuit to recover the compensation they need. They can also file an insurance claim under their own policies, if they have the appropriate coverage.

What to Do After an Illinois Car Accident

Since Illinois follows a fault-based system for car accidents, the moments immediately after the collision are crucial. The victims will need evidence proving the driver’s liability, which is freshest immediately after the crash. If you are in a car accident, you can prepare for your future claim by taking the following steps.

First, call 911 to bring police and emergency medical services to the scene. Speak to the responding officer and ask for his or her name. The officer will produce an accident report that you can use as evidence in your future claim. Be careful not to make any statements that implicate your fault in the accident, and do not make any assumptions about your injuries before going to the hospital.
Next, receive medical attention, even if you believe your injuries are minor. Failure to receive medical treatment can harm your future claim; the insurance claim may use this as evidence against you. Save all of your medical records, bills, and prescriptions.
If you can move around the accident without further injury, preserve evidence. Take as many photographs of the accident scene, your injuries, and your vehicle damage as possible. Exchange contact information with the at-fault driver, as well as any witnesses in the area.

After you receive medical attention, contact an Chicago car accident attorney. Do not speak with any insurance adjusters until you talk to your lawyer. Your Chicago personal injury attorney will evaluate your case, explain your legal options, and take the first steps to secure the compensation you deserve.

What Happens If You Are Struck by an Unlicensed Driver in Illinois

Even though it is dangerous and highly illegal, some people drive without a driver’s license. There are many reasons why an unlicensed driver may be on the road; the driver may have forgotten to renew the license, be unable to obtain one, or have a license suspension or revocation on his or her record. If you are in an accident with an unlicensed driver, it is important to take immediate steps to assess the situation and seek help.

Is the Unlicensed Driver Automatically At-Fault?

Illinois follows a fault-based system when it comes to car accidents. If you are the victim of a car accident that someone else caused, you can pursue an insurance claim or lawsuit against him or her. An unlicensed driver is not automatically responsible for an accident he or she is involved in, however.

In order to hold the driver accountable, you or your Chicago injury lawyer will need to establish that his or her actions directly caused the accident and your resulting injuries. For example, a driver who rolls through a stop sign and collides into an oncoming vehicle would be liable for the accident, since he or she violated Illinois traffic laws.

It is also important to keep in mind that unlicensed drivers are unlikely to have insurance coverage. Illinois state law requires all drivers to maintain a minimum level of liability insurance in case of an accident. If the unlicensed driver does not have insurance, you may need to pursue a personal injury lawsuit or file a claim under your uninsured motorist policy. Illinois requires all liability insurance policies to include uninsured motorist coverage with policy limits equal to your liability coverage.

Penalties for Driving without a License in Illinois

Although an unlicensed driver may not automatically be at fault for the accident, he or she may face criminal charges for driving without a license. In Illinois, an unlicensed driver may face Class B misdemeanor penalties for his or her actions. The driver may have to spend up to 180 days in jail and pay a fine of up to $1,500.

What to Do After an Accident with an Unlicensed Driver

The steps you take immediately after your accident will impact your ability to seek compensation for your damages. It is important to seek medical treatment, report the accident to law enforcement, and preserve as much evidence as possible.

Call 911 and report the accident. A police officer will visit the scene of the accident and create a police report based on his or her observations, which can help your claim.
Seek medical attention and save all documents related to your treatment. You should always go to the hospital after an accident to establish a record of your injuries.
If it is safe to move around without further injury, take as many pictures of the scene as possible. Capture your injuries, damage to the vehicles, and any traffic signs, debris, or skid marks around the crash.
Exchange contact and insurance information with the unlicensed driver. If there are witnesses in the area, ask them for their contact details as well.
If the unlicensed driver flees the scene of the accident, do not chase him or her. Pull over to a safe location, call 911, and write down as many details about the vehicle and accident as possible.

Before speaking to an insurance adjuster, discuss your legal options with a Chicago car accident attorney. Filing a claim against an unlicensed driver can be complex, and your attorney can guide you through the process. Once you receive medical treatment, contact an attorney to discuss your case.

When Can Car Crash Victims Challenge an Insurance Claim Denial in Illinois?

Illinois is a fault insurance state, which means that a driver who causes an accident must pay for the losses of the other drivers, passengers, and pedestrians injured in the crash. If you are the victim of a negligent Illinois driver, you can pursue compensation for your injuries by filing an insurance claim. Although you may suffer injuries, an insurance company has the right to approve or deny your claim.

If you receive an insurance claim denial, hope is not lost. Depending on the circumstances surrounding the denial, you still have options to pursue recovery for your medical expenses, property damage, and more. Learn more here from expert Chicago car accident attorneys.

Why Do Insurance Companies Deny Accident Claims?

Insurance companies must provide justification as to why they choose to deny a claim. Identifying why the company denied your accident claim will help you determine what to do next. Insurance companies can deny claims for a number of reasons, including the following.

You missed the filing deadline.
The policyholder missed a payment and the policy lapsed.
The policy does not cover the damages you suffered.
Your damages exceed policy limits.
You failed to seek medical attention immediately after the crash.
You failed to report the crash to the police immediately after the accident.
You were under the influence of alcohol or drugs at the time of the accident.
You were driving with an expired license.
You lied or misrepresented information about the accident in your claim.
The insurance company acted in bad faith.

There are some denial reasons that you cannot challenge, such as driving under the influence or driving with an expired license. However, there are some justifications for denying your claim that will not hold up if you decide to challenge them. You have three options to dispute your claim: writing a letter to the insurance company, filing a bad faith insurance claim, or escalating your case to a personal injury lawsuit.

Appealing Your Decision to the Insurance Company

Your first line of defense after an insurance claim denial is to enter the company’s appeal process. Typically, you will need to write a letter to the insurance company with evidence that disputes their decision, including documents such as photographs, medical records, and police reports. You will need to be very specific about how each piece of evidence connects to the denial; you may want to consult with a car accident attorney to help you craft your appeal.

Filing a Bad Faith Claim

Insurance companies must act in good faith when issuing decisions in an accident claim. However, if you feel like the company is mistreating you, breaching its contracts, violating the Illinois insurance laws, or committing any bad faith actions, you can file a bad faith claim against the company. You will need the help of an Illinois car accident attorney to determine if you have grounds for this claim.

Personal Injury Lawsuits for Car Accidents in Illinois

If you cannot appeal the claim, you can choose to escalate to a personal injury lawsuit against the at-fault driver. This option is especially appropriate in cases where your damages exceed policy limits, as you can collect more compensation through a lawsuit than an insurance claim. Speak to a Chicago personal injury attorney to determine if this option is right for you.

If you need assistance appealing an insurance claim denial, speak to an attorney as soon as possible. Hiring an attorney to represent your claim from the beginning can help you avoid the mistakes that often lead to insurance denials and advocate for your best interests during each stage of your claim.

As soon as you seek medical attention for your injuries, contact a lawyer to discuss your case.