Answering Your Frequently Asked Questions About Car Accident Lawsuits

Auto accidents are often confusing to navigate. Every situation is different, and it can be difficult just speaking with insurance companies. 

Who can you hold accountable? How do you know if you have a case? What if you can’t recover enough compensation to pay your medical bills and future treatment? 

As car accident lawyers, we help people like you every day recover emotionally and financially following a car accident. 

Below, we answer frequently asked questions about car accident cases. If you have a question that’s not answered below, call us at (312) 578-9501, and we’ll guide you in the right direction. 

Illinois Car Accident FAQ

Q:  If I am injured in a car crash, can I sue the driver of the other car or the owner of the car for my injuries?

A:  Both.  If the other driver was at fault in the accident you may be able to sue both the owner and the driver of the car. 

Q:  If I am a pedestrian or bicyclist struck by a car, can I sue the driver of the car or the owner of the car for my injuries?

A:  Both.  If the other driver was at fault, both the driver and the owner of the car may be liable. 

Q:  If I am a passenger in a car and the driver negligently causes an accident, can I sue the driver for my injuries?

A:  Yes, if the driver was at fault, they may be liable.  Your injuries would be covered by their insurance. 

Q:  What if I was a passenger in a car being driven by a friend or family member?  Could I still make a claim against their insurance policy?

A:  Yes.  Remember, your claim should still be covered by their insurance.

Q:  What injuries are considered serious?

A:  That determination is made on a case-by-case basis.  Examples of injuries that might be considered serious include fractured or broken bones, back or neck injuries, nerve damage, injuries that require surgery or substantial treatment, closed head and traumatic brain injuries, spinal cord injuries, psychological injuries, and injuries that cause disability from work or daily activities.

Q:  What if the at-fault driver in a crash that injured me has no insurance?

A:  The truth is that it may be much harder for you to recover.  Often uninsured drivers lack sufficient personal assets or income to satisfy substantial judgments for serious injuries.  However, you may still be able to recover if you are covered by uninsured motorist insurance, either through the car you were occupying or its driver. 

Q:  What if the at-fault driver in a crash has low policy limits that aren’t enough to cover my injuries?

A:  You may still be able to recover if you are covered by underinsured motorist insurance, either covering the car you were occupying or its driver. 

Q:  If someone dies in a car accident, what claims can their family members bring?

A:  A personal representative of the estate can bring a wrongful death claim on behalf of the estate.  The representative is usually a family member.  Family members may also be able to sue for loss of consortium, loss of services, loss of income, and other losses.  Such cases tend to be more complicated, and it is highly advisable to retain an attorney if you wish to bring such a claim.

Q:  What if the driver at the time of the accident was drunk?

A:  If the driver was drunk, you most likely have a claim for punitive damages in addition to compensatory damages.  Furthermore, there is a possibility that an establishment that served the driver alcohol may also be liable

Q:  Do I need a lawyer to represent me in an automobile crash case?

A:  It is not strictly required, but research shows that you will recover around three-and-a-half times as much for your injuries if you are represented by an attorney.  Keep in mind, that once you sign a settlement and release, even if you are not represented by an attorney, it will likely be impossible to bring a further claim.  Also, do not forget that your claims are subject to strict statutes of limitations.  They will expire if you fail to bring them in a timely manner. 

Q:  How much money can I sue the at-fault driver and owner of the car for?

A:  There is no magic formula for the amount of liability to injured individuals after an accident.  The amount depends on the facts, your expenses, your lost income, your disability and amount of pain and suffering, and other factors.  How much you recover may also depend on whether your own negligence contributed to the crash in any amount.