Auto Accidents

Auto Accidents

Auto Accidents

Auto accidents can be stressful, frustrating and bring more questions than answers. Who is at fault? Who will pay for my medical bills? How much should I get for pain and suffering? Can I ask the insurance company to reimburse me for lost wages? How much time do I have to file a lawsuit? Call us and we will put you in touch with experienced attorneys.   

Who Is At Fault?

When we talk about who is at fault, we are referring to “negligence.” Negligence means that someone acted in a way that disregarded their duty to drive safely on the road, resulting in injury to someone else.

Insurance companies and their adjusters understand there are numerous defenses available to lower the fault or erase all the fault of their insured. If you are found to be at fault or partially at fault, this can lower or eliminate the amount of compensation you receive. Before you speak to the insurance company adjuster, consult an attorney.

Who Will Pay For My Medical Bills?

Many people believe when the other driver is at fault, their insurance company will pay the bills as they come due. That is false. Insurers almost never agree to pay your medical bills until your case is settled. Settlement negotiations do not begin until you are done treating. 

If your doctor or hospital knows that you received treatment related to a car accident, they can wait until the end of your case, but they DO NOT have to. Health care providers can, and frequently do, send these unpaid accounts to collections.

Even when the other driver is at fault for the accident, payment of your medical bills is not guaranteed. It is possible the driver at fault has a low limit policy. Illinois only requires drivers to carry a minimum $25,000.00 liability policy. Medical bills can be very expensive. If an at-fault driver only has the minimum, and you have medical bills exceeding $25,000.00, all of your bills may not get paid. 

What Are My Options For Getting Medical Care?

Health Insurance: If you have health insurance, use it to pay your medical expenses. It is understandable to feel that it is not fair to your health insurer to pay for accident-related medical expenses caused by someone else. However, your attorney can fight to have your health insurance carrier reimbursed for the expenses that they pay out on your behalf. Health insurance is there to protect you, and should be used when possible.

Med Pay: Another way to pay for medical care is to use med pay coverage from the car you were in when the accident happened. “Med pay” is a no-fault coverage that pays your expenses up to the policy limits. Unfortunately, the med pay limits are often very low, often less than $5,000. Some policies may carry higher amounts of med pay coverage. Med pay can also be used to pay for uncovered expenses and deductibles when you have health insurance.

Treatment on Lien Basis: As a last resort, you can ask your health care provider to place a lien on the settlement or verdict from your case in for medical treatment. They do not have to treat you on a lien basis, but when they do, they are entitled to be paid 100% of the amount billed, and to pursue you into collections if the amount of your settlement is insufficient to cover your medical expenses.


Always consult an attorney, to insure you are picking the best strategy for your particular situation.

How Much Should I Get For Pain And Suffering?

There is a lot of work that goes into negotiating pain and suffering. Attorneys gather evidence necessary to support your claim, including police reports, witness statements, photos, medical records and bills, and employment and lost wage information. The information is organized in a manner to highlight facts advantageous to your case and maximize value.

Can I Ask The Insurance Company To Reimburse Me For Lost Wages?

If you miss work due to medical care or your medical condition, you can recover those missed wages. You will have to prove you would have earned those wages through proper documentation. An attorney can help you gather and prepare that paperwork.

How Much Time Do I Have To File A Lawsuit?

In Illinois, you must file your lawsuit within two years of your car accident. This time period is called the “statute of limitation.” There are exceptions to this rule. In some circumstances the time period to file a lawsuit is one year. This is why it is important to consult an experienced attorney to insure you know how much time you have to file a lawsuit based on your circumstances. 

Is It True That An Attorney Can Only Charge Me If They Win?

Yes, personal injury representation is based on a contingency fee. This means that an attorney only gets paid if they are successful and win your case.

What If My Case Is Not Settled?

Most cases settle without having to file a lawsuit. It is important to hire an attorney that has experience doing trials. Even though a trial is rarely necessary, the threat of legal action offers strong leverage when negotiating a fair settlement.  
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