At some point in our lives most of us will be involved in some sort of car accident. Most of these may be small fender benders, but some can be very serious or even fatal. Many people do not know what to do when they are in a car accident, and Illinois law has several specific requirements of which you should be aware.
1. Stop your car. Be sure to not leave the accident scene, as this is a crime. It is natural to feel a little panic at even the most minor of accidents, but leaving a crash scene not only makes you look very guilty, it can create additional criminal and civil liability for you.
2. Get police and medical assistance immediately. Use your cell phone or get someone else to make the call. In most areas you can simply call 911. When police arrive, be sure to tell them exactly what occurred, follow their instructions, get the officer's name and contact information (they will normally carry a business card for this very purpose), and ask how to obtain a copy of the police report. You will likely need the police report for your insurance claim, and in some instances your insurance company or attorney may also need to speak with the police officer about his report.
3. Get the other driver's information. Get this info from the other driver:
Name
Address
Telephone number
Their insurance company
4. Get the information of witnesses at the scene. If the other driver had passengers, if anyone witnesses the accident, or if someone stops to render aid, try to get their names, addresses, and phone numbers, as well. Your insurance company may ask for this information, but more importantly, should there be a need for later legal action, your attorney will want this information in order to investigate and substantiate your claims or defenses.
5. Write down all of the accident facts as soon as you can. Memory has a funny habit of fading and changing over time. Perhaps not surprisingly it is most clear just after an event has occurred, so it is important to document as many details as possible as soon as you can. If you do not, you might forget something that could be critical later on if you have to go to court regarding the accident.
6. Call your insurance company. As soon as is practical, you should contact your insurance company to inform them of the car accident. There is usually a short time period in which you need to do this under your policy, so read your policy carefully and be sure not to go over this time limit. Some insurance companies have investigators that they will send to an active accident scene to document what happened, and this could mean more money for you, more immediate repairs to your vehicle, and/or a better defense to claims from other drivers. Show the damaged car to your claims agent before you get it repaired. If it is confirmed that the other driver is at fault, show your car to their claims agent.
However, you may want to hold off on entering into an agreement for how much your car accident claim is worth until you have consulted with an attorney. Remember, the insurance company usually wants to pay as little as it can get away with on your claim because that just makes good business sense. So, be sure to consult an attorney to make sure you are getting everything to which you are entitled.
You may need to get more than one repair shop estimate. You do not need to use the repair shop the insurance company suggests (in fact, it may be better not to, since these shops usually have an agreement with the insurance company to do work at a discounted rate which could mean your repairs take longer or corners are cut). Beware, though, if your repair shop charges more than the other company's suggested shop, you may have to pay the difference.
If your car is a total loss, meaning the cost to fix it is more than what the car is worth, the insurance company will usually either replace your car with a comparable one or pay off any remaining financing on the car (up to the policy limits), and possibly give you the remaining value of your car prior to the accident in a cash settlement.
Illinois law states all drivers must carry a minimum amount of insurance for damages they cause in a car accident. The minimum amounts needed are: $20,000 per person, $40,000 per accident for bodily injury liability, and $15,000 for property damage liability. Often the financing agreement for a car will set higher minimum amounts than these, so be sure to read your financing documents to be sure you have sufficient coverage. Also, Illinois law requires insurance companies to get in touch with you within 21 working days after they are told of the car crash. Failing to do so may expose the insurance company to additional claims, so be sure to consult an attorney should that occur.
When you caused the car crash, you will file a claim with your insurance company. When the other driver caused the accident, you have the option to file a claim with your own insurance company or their company. When you file with your own it is called a "first-party" claim. If you file a claim with the other driver's company it is called a "third-party" claim. Insurance laws differ between the "first-party" and "third-party" claim, so again, be sure to contact an attorney to guide you through this process and determine which is most appropriate for your particular situation. It is vital you know what your rights and duties are in both cases, as this decision may have long term consequences for your claim, your insurance coverage, etc.
So, when in doubt, read your insurance policy and your vehicle's financing documents. Do this before your accident, if possible, to make sure you are prepared should a car accident occur. If you have questions, talk to a qualified personal injury attorney who can guide you through the process of making your claim and getting the compensation you deserve after your car accident.
