After a car accident in Chicago, victims have many questions about their rights, the legal process, and what compensation they may be entitled to. Below are answers to the most common questions our attorneys receive from car accident victims throughout Illinois.
General Car Accident Questions
How long do I have to file a car accident lawsuit in Illinois?
Under 735 ILCS 5/13-202, you have 2 years from the date of the accident to file a personal injury lawsuit. Missing this deadline typically bars you from recovering compensation. See our detailed guide on Illinois car accident lawsuit deadlines.
What should I do immediately after a car accident?
- Check for injuries and call 911
- Move to safety if possible
- Exchange information with other drivers
- Document the scene with photos and videos
- Get witness contact information
- Seek medical attention, even for minor symptoms
- Report the accident to your insurance
- Consult with a car accident attorney before giving recorded statements
Read our complete step-by-step guide: What Should I Do After a Car Accident in Chicago?
Do I need a lawyer for a car accident claim?
While you’re not required to have a lawyer, accident victims who hire attorneys receive significantly higher settlements. An attorney is especially important when you suffered serious injuries, fault is disputed, or the insurance company is using tactics to minimize your claim.
Insurance Questions
Should I give a recorded statement to the other driver’s insurance company?
No, not without consulting an attorney first. Insurance adjusters are trained to ask questions that can be used against you. Read more about whether you should talk to the other driver’s insurance.
What if the at-fault driver doesn’t have insurance?
If you have uninsured/underinsured motorist (UM/UIM) coverage, you can file a claim with your own insurer. See our full guide on what to do when the other driver is uninsured or underinsured.
How much is my car accident case worth?
Every case is different. Compensation typically includes medical expenses, lost wages, loss of earning capacity, pain and suffering, and property damage. Read our detailed breakdown: How Much Is My Car Accident Case Worth?
Fault and Liability Questions
What if I was partially at fault for the accident?
Illinois uses modified comparative fault under 735 ILCS 5/2-1116. You can still recover damages if you’re less than 50% at fault, but your recovery is reduced by your percentage of fault. Read our detailed guide on how partial blame affects your claim.
How is fault determined in a car accident?
Fault is determined by examining police reports, witness statements, physical evidence, traffic camera footage, accident reconstruction analysis, and vehicle damage patterns. See our full guide: How Is Fault Determined in a Chicago Car Accident?
What if the other driver was texting?
Illinois prohibits texting while driving under 625 ILCS 5/12-610.2. If the other driver was texting, this is strong evidence of negligence. Phone records can be subpoenaed. Learn more in our Illinois distracted driving accident claims guide.
Specific Accident Type Questions
Where are the most dangerous intersections in Chicago?
Certain Chicago intersections have higher accident rates due to traffic volume, confusing layouts, or poor visibility. See our analysis: Chicago’s Most Dangerous Intersections for Car Accidents.
Are rear-end collisions always the fault of the rear driver?
Not always, but usually. While the rear driver has a duty to maintain safe following distance, the front driver may share fault. Learn about rear-end collision claims in Illinois.
What happens if I’m injured in a rental car accident?
Rental car accidents involve complex insurance issues. Read our guide on rental car accident liability in Illinois.
What if I was hit by an Uber or Lyft?
Rideshare accidents involve multiple insurance layers. See our Chicago Uber & Lyft Accident Claims Guide.
What about hit-and-run accidents?
If the other driver fled, you still have options. Read our guide on hit-and-run victim rights in Illinois.
Medical Treatment Questions
Should I go to the doctor even if I feel fine?
Yes, absolutely. Many serious injuries, including whiplash and soft tissue injuries, may not show symptoms for hours or days. Prompt medical evaluation creates documentation linking your injuries to the accident.
Who pays for my medical bills after a car accident?
The at-fault driver’s insurance is ultimately responsible, but you may need to use your own insurance initially. See our full guide: Who Pays for My Medical Bills After a Car Accident?
Can I choose my own doctor?
Yes. In personal injury claims, you have the right to treat with any medical provider.
Settlement Questions
How long does a car accident case take?
Simple cases may settle in a few months; complex cases can take 2+ years. See our guide on average car accident settlements in Illinois.
Should I accept the insurance company’s first offer?
Almost never. Initial offers are typically lowball amounts. Never accept without understanding your total damages and consulting an attorney. Learn about what damages you can recover.
Contact Our Chicago Car Accident Attorneys
Still have questions about your car accident case? Our Chicago car accident lawyers at Phillips Law Offices provide free consultations. Call (312) 266-3480 today.
