FAQ's. Common Concerns about Personal Injury, Bankruptcy & Real Estate matters.
Going through something as difficult as a major legal event can leave you filled with questions about the past, present, and what to expect in the future. Get answers to some of the top questions I receive about Illinois personal injury, real estate and bankruptcy matters to help put your mind at ease. Check back often for even more answers to your legal questions. Better yet, give us a call to see how we can help.
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How Does the Insurance Work in a Hit And Run Accident?
You can use your uninsured motorist coverage if you were the victim of a hit-and-run. Even though the person who hit you may have had insurance, you can’t collect from someone (or their insurance) if you cannot identify them. This essentially turns your case into an uninsured motorist claim. Check your policy to see the limits of your own insurance as this type of coverage is designed exactly to protect you if you were hurt in an accident and cannot pursue another driver’s insurance- either because they didn’t have any or because you cannot identify the other motorist. Even though it is the law to carry at least a minimum amount of car insurance in the State of Illinois, this does not mean that everyone does. Do not be afraid to use your uninsured motorist coverage. You have paid the premiums and since the accident wasn’t your fault, your rates will not go up. Dealing with insurance companies can still be a pain and you may wish to at least consult with an injury attorney to help you decide whether or not it is worth hiring one to help on your uninsured motorist claim, depending on the circumstances of your accident. We will be happy to discuss the details with you and provide honest feedback without any obligation on your part. Call us at 630 250-8813 if you were hurt in a hit and run car accident.
The Other Driver’s Insurance Wants me to See their Doctor- Do I have to go?
Medical Exams set up by the insurance company for the other driver are unusual in Illinois car accident cases, but sometimes it will come up.
I spoke to someone today who was rear ended less than 24 hours ago by someone who took their foot off the brake as both cars sat in a fast food drive through lane. It was relatively minor but that same evening, the insurance company for the driver who did the rear-ending was already calling the woman who was hit. They started asking her all about her medical history and after learning that she had a back injury many years ago, they immediately told her that she needed to go see one of their doctors.
Insurance companies will act very quickly in trying to contact the other driver, especially when they know that it was their own driver’s fault. This is deliberate and done for the sole protection of the insurance company, so that they can get out of paying you anything or paying you as little as they think they can get away with. In the situation above, it is likely that the reason that the insurance company pushed for a medical exam by a doctor who is paid by the insurance company, is so that they can try to get a report written which says that her injury was not related to the accident and has to do with her prior back problems, which they also hope to pry further into using the medical setting. If a doctor says that the pain she felt after the accident isn't really because of the accident, then the auto insurance company does not have to accept responsibility for her injury. Whether or not what she feels relates to the accident is best determined by her own doctor and by what she herself notices about her own body.
Make no mistake about it, following a car accident, when someone else’s insurance company wants to send you to their own doctor, this is not so that they can help you or provide you with medical treatment. It is solely for their protection. Do not let their insurance company tell you what you need to do because their motives are not in synch with your own objectives, especially if the accident was not your fault. If you are being told what to do by the other driver’s insurance company, you should speak to your own attorney immediately and before agreeing to anything.
If you are being either bullied or gently guided into doing something that you aren't sure about by an insurance company, give us a call before its too late.