After you are injured in a car accident, you need to take decisive steps in order to be fairly and fully compensated for your accident. As a driver or passenger, you need to be well informed regarding what to do after an accident happens, because car accidents continue to happen with alarming frequency in the Chicago metropolitan area.
The Illinois Department of Transportation, Division of Traffic Safety issued reports indicating the number of crashes in each county of Illinois for 2013 . These statistics are illustrated in the following table indicating the number of car accidents in Cook County and collar counties.
County Number of car accidents Persons injured
Cook 137,271 37,552
DuPage 19,458 6,018
Will 12,428 3,787
Lake 13,230 4,467
Keep in mind, that it is vital to seek medical attention for car accident injuries even if your pain is not severe. Also, delayed pain from car accidents is commonplace and caused by many factors including adrenalin circulating throughout your body as a result of the shock of being in a car accident. The other driver’s car insurance company will likely contact you after the accident.
The car insurance company for the other driver may deny coverage if you were previously injured in the same area/part of your body. For example, insurance companies may attribute the severity of your neck and/or back injury(ies) to injuries or illnesses previously suffered to your neck and/or back. Keep in mind this type of denial of coverage is not supported by Illinois case law.
The Illinois Supreme Court held in Voykin v. Estate of DeBoer 192 Ill. 2d 49, 733 N.E.2d 1275, 248 Ill. Dec. 277 (2000) that the defendant driver was liable for the injuries caused to the other driver. The Supreme Court asserted, “A defendant is not relieved of liability simply because the only injury suffered by a plaintiff is an aggravation of a previous injury” Voykin 733 N.E.2d 1275 at 1279.
You need to seek the assistance of a personal injury law firm to eliminate or minimize the objections of the insurance company for the driver causing the accident. If you are in a car accident, there are a multitude of factors that influence how much you will obtain in a settlement or jury verdict. Contact the car accident attorneys at Levin & Perconti to learn more about your rights.