What to do when you are in a car wreck
The Illinois Vehicle Code requires you to do several things, which are common sense:
Stop your car.
Do not leave the scene of the accident until you have done the other required things. Where there is an injury or property damage over $500.00, leaving the scene is a crime. There are some very technical exceptions to this rule, but when in doubt, stay there.
Help any person who has been injured and get medical care.
Call 911 for an ambulance, if necessary. Render first aid, if you know how.
Exchange information.
The law requires you to show the other driver your driver’s license. You must give your name and address, and the registration number and owner of the vehicle you are driving. You must display your insurance card, or other evidence of insurance, to any law enforcement officer upon request, but this is not related to accidents. You are not required to show your insurance card to the other driver, although there may be no harm in doing so.
Call the police.
This is a must if there is any injury or if property damage exceeds $500.00. Contact the local police department by the fastest available means of communication.
File a report with the Illinois Department of Transportation, if there is an injury or property damage to any one person of over $500.00.
The investigating police officer will furnish a form for this report. The form must be mailed within ten days of the accident. These reports are protected from disclosure to others.
In addition, there are other things you should do to protect your rights:
Get necessary medical treatment.
The first order of business is to begin your recovery from any injuries you receive. Follow your doctor’s advice. Take the treatment and medicine he or she prescribes. Tell your doctor how you feel and where you hurt. Make sure that what you describe is written down in your medical records. Keep appointments with your doctor. Keep all of the bills for medical care together, in case you need them to establish a claim.
Make notes.
Write down every piece of information you can as soon as you can after the accident. Be sure to get the same information from the other driver you must give him or her. Get the name and address of each witness including passengers in the other car, in your car, pedestrians and anyone else who saw what happened. Sketch the position of the cars and any other objects nearby. Note the other driver’s physical appearance. Was he wearing glasses? Did he smell of alcohol? Did he look tired? Was he abnormally upset?
Do not discuss fault.
Anything you tell us as your lawyers is confidential and privileged information. Anything you tell the other driver or his insurance adjuster, the police or your neighbor can and will be used against you in court. It is better to keep your thoughts to yourself until the proper time - at least until you have gotten some legal advice.
Notify your insurance company as soon as is convenient.
All insurance policies require you to cooperate with the insurance company, and to report any claim or possible claim. Statements you give to your own insurer are usually protected from disclosure in any lawsuits which may follow.
If you get a ticket.
In most cases, the investigating officer will decide that one or both drivers violated some provision of the Motor Vehicle Code based on hearsay and issue a ticket. If you are guilty but otherwise have a good driving record, a plea-bargain can often be made which will prevent adverse consequences in any lawsuit that may follow. If you are not guilty, you will have your day in court. Obviously, some tickets, such as DUI or wreckless driving, must be given serious attention.
Do not worry if the other driver does not get a ticket.
You can't use his conviction as evedince unless he pleads guilty. If he is smart, he won’t plead guilty. Your goal should be compensattion, not punishment.
Call us.
Most people involved in an accident have difficulty making fast, well reasoned decisions. A serious injury makes that condition situation much worse. We can help you through that period and help keep you from making mistakes that can hurt your chances of getting a fair recovery.
How can I prepare for a wreck?
Drive carefully and defensively.
This is obvious and is the best way to protect yourself and your family.
Use your safety equipment.
Put on your seat belt. Wear a helmet, boots and protective clothing when you ride a motorcycle.
Carry insurance.
Carry as much liability insurance for personal injury and property damage as you can afford. We recommend a minimum of $100,000 per person injured and at least $25,000 for property damage. More importantly, carry as much uninsured and underinsured motorists coverage as you can. This protects you and your family from other drivers who carry no or just the minimum amount of insurance. You need both kinds of coverage. Together, they effectively insure the other driver for claims you make up to the amount of coverage you choose. If you are a better than average driver, then most accidents you are in will be someone else’s fault. We recommend that you carry as much uninsured and underinsured motorists coverage as you do liability coverage.
Do I have a case?
If you are injured in a wreck that was caused by someone else’s negligence, you are legally entitled to compensation. The damages you can recover for include medical expenses, lost earnings, pain and suffering, loss of normal life and disfigurement. The cost to repair your car or its value and the rental value of the car while it is being repaired are recoverable, as well. In case of a death, the next of kin can recover the value of lost support and society and companionship with family members as well as compensation for losses incurred by the decedent for his pain and suffering before death.
Can I settle my own case?
Yes, you can settle your own case. But remember that claims adjusters are highly trained and selected for their mission - to save the company as much money as possible. They will be the nicest, most sympathetic people you will see after the injury in order to keep your claim under control. "Under control" means you are not represented by a lawyer. If you feel comfortable prescribing your own medications and repairing the car yourself, you might also make a fair settlement.
How much should I settle for?
That is the $64,000 question. In evaluating your case we consider your injuries and out of pocket loss. We consider who is liable, including your conduct which may have contributed to the accident. We consider any underinsured and uninsured coverage available. We will also take into account the liability of others, such as employers of defendant drivers and manufacturers of vehicles that appear to have been defective in some way that contributed to the injury. We review all of that information in the light of our experience in other cases and estimate what you could reasonably expect to win in court. If a settlement offer seems fair in light of all this, we would advise you to accept it. If not, we would advise taking the claim to court.
Don’t make these mistakes.
These are some of the comments our clients have actually made:
1. The other driver looked so upset after the accident I tried to reassure him and said "It wasn’t your fault, it couldn’t have been helped." He can use that statement in a court as evidence that the wreck was not his fault.
2. I gave a telephone interview to the other driver’s insurance company adjuster. At least one answer will just not sound right afterwards, and it will be used against you.
3. I told the other driver’s insurance adjuster I wanted $10,000 to settle. Your case might have been worth $50,0000, but that will be really hard to get now.
4. I have been hurting for a long time, but I thought I’d wait until after I saw a lawyer to make a doctor’s appointment. No one will believe your lawyer did not send you to the doctor.
Darrel Parish & Linda Castleman
Parish & Castleman LLP
Decatur, Illinois
217-429-4283