Illinois Car Accident Laws: Know What Your Rights Are
If you’ve been in a car accident in Illinois—whether on a busy Chicago street or a rural highway—it’s crucial to know your rights. From documenting the scene to dealing with insurance companies, the steps you take can significantly affect your ability to recover fair compensation.
Below, we break down what you need to know, citing relevant Illinois car accident laws so you can feel empowered and informed.
Illinois Two-Party Consent Rule: Under the Illinois Eavesdropping Statute (720 ILCS 5/14-2), recording a private conversation typically requires the consent of all parties.
Public Exception: If the conversation is happening in public where there’s no reasonable expectation of privacy, you generally do not need everyone’s consent to record. This means you can usually film or photograph a car accident scene on a public road without permission.
Why It Matters: Photographs and videos can provide crucial evidence for your car insurance claim or lawsuit.
2. You Have the Right to Request the Police Report
Accessing the Report: You can request a copy of the police report from the responding law enforcement agency. In many cases, you can do this through a Freedom of Information Act (FOIA) request (5 ILCS 140) or directly from the police department’s records division.
Why It’s Important: A police report often contains information about who was involved, witness statements, and the officer’s initial assessment of fault. Insurance companies frequently use this report when evaluating claims.
3. You May Request the Other Driver’s Policy Limits
New Illinois Law: Illinois allows you to submit a written request to the liable party’s insurance company to discover how much insurance coverage is available. (See 215 ILCS 5/143.24b for guidance on disclosure requirements.)
Why You Should Do This: Knowing the policy limits helps you gauge how much compensation may be available. However, requesting these details requires following specific steps and submitting the right documentation, which is easier with an attorney’s help.
4. Minimum Insurance Coverage in Illinois
Mandatory Coverage: Illinois law (625 ILCS 5/7-601) requires all drivers to have minimum auto liability insurance. The current minimum coverage is $25,000 per person and $50,000 per accident for bodily injury, and $20,000 for property damage.
UM/UIM Coverage: Many policies also include Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. This coverage can step in if the other driver has no insurance or too little insurance to cover all your expenses.
Why It Matters: Even if the at-fault driver lacks sufficient coverage, you might still recover damages under your own UM/UIM policy.
5. You Don’t Have to Rely Solely on Health Insurance
- Other Driver’s Coverage: The at-fault driver’s insurance should pay for your medical bills—not just your vehicle damage.
Avoid Settling Too Early: Insurance companies may rush you into accepting a quick payout that doesn’t fully address medical bills and future treatment. Once you settle, you generally cannot seek additional compensation if your injuries worsen over time.
6. You Don’t Have to Talk to Insurance Adjusters Alone
- Right to Representation: You have the right to speak to an attorney before giving any statement. Insurance adjusters might use your words out of context to minimize or deny your claim.
Negotiation and Advocacy: An Illinois personal injury attorney can help you negotiate with the insurer and protect your rights, ensuring you don’t accept a lowball offer.
7. You Can Only Recover Once—So Get All Necessary Treatment
- One Settlement Rule: Under Illinois law, you generally get just one car settlement or judgment per claim. If you accept a settlement but later discover additional injuries or costs, you usually can’t go back and ask for more.
- Take Your Time to Heal: It’s crucial to complete or at least be well underway with your medical treatment before agreeing to any settlement. This helps ensure all injuries (like that nagging neck pain) are documented and accounted for.
Additional Tips and Reminders
- Document Everything: Gather witness contact information, take notes on the accident details, keep medical bills, and track any lost wages.
- Stay Organized: Maintain a folder for all accident-related documents, including medical records and correspondence with insurance companies.
- Local Insight Helps: If your accident happened in or around Chicago, an attorney who understands local laws, courts, and insurers can be a huge asset to your case.
When to Contact a Lawyer
If you’ve suffered an injury, dealing with insurance companies and complicated laws can be overwhelming—especially when you should be focusing on your recovery. At Postman Law, we have offices in Chicago, Minneapolis, and Cincinnati, and we’re dedicated to empowering accident victims throughout Illinois.
Contact us today for a free consultation. We’ll discuss your unique circumstances, outline your legal options, and help you pursue the compensation you deserve. Call now or fill out our online form to get started.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
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