Legal Question in Personal Injury in Illinois

I was involved in an accident. I was in a company vehicle and was rear ended (I was at a complete stop) by a drunk driver. The driver was taken to the hospital and later charged with dui.

I refused medics at the scene but later developed neck and back pain. I did get treatment that day at an ER.

I'm off work now for this week and unsure what will happen if the driver does not carry insurance. they have not been ticketed for no insurance yet per the police.

How strong is this case in civil court and what would we have to do if they did not have insurance?


Asked on 11/02/09, 12:48 pm

4 Answers from Attorneys

Sal Sheikh www.BetterCallSal.com

You have a great claim. you may have a Personal Injury case AND a Workers Compensation claim.

Give me a call at 312-532-8554 or email me at [email protected] and we can set you up and get you taken care of.

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Answered on 11/07/09, 1:57 pm
Timothy Lowery Lowery & Associates, LLC

You have an excellent chance of recovery. You should have an attorney help you figure out the best way to recover the most.

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Answered on 11/07/09, 2:48 pm
Nima Taradji Taradji Law Offices

To answer your question: If your employer who owned the car had insurance, then they would cover you if the driver that hit you did not have insurance. At this point, you should not have an issue with coverage. BUT--be careful. If there is insurance, they will try to settle the case as soon as possible and may even pressure you in settling. Make sure you do not sign any papers unless you have an attorney review what it is you are signing. They may ask you to give a recorded statement--you have no obligation to do so and it is advisable that you don't. Do not trust the adjuster--their interest is completely opposite to yours.

Generally, in cases such as this, you would be better off getting the help of an attorney--however, you do not NEED it--if you know the rules and the tricks the insurance adjuster will play on you. But, if this is the first time and such, you would really benefit from having an attorney on your side--one who knows all the tricks the insurance companies pull and is immune to all of it.

I hope this helps-

You can call me if you have any more questions-

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Answered on 11/07/09, 3:31 pm
Scott A. Blumenshine Blumenshine Law Group

You have a claim to both Workers Compensation benefits and Uninsured Motorist insurance coverage.

Under Workers Compensation benefits you will be entitled to receive a portion of your lost wages, all of your medical expenses and perhaps a lump sum award if you have any aspect of

permanency to your injury.

Under Uninsured Motorist insurance coverage, you can recover for pain and suffering and

disability and lost wages and medical expenses. However, you cannot obtain a duplicate recovery for lost wages and medical expenses that you recover from Workers Compensation.

I have written and presented on the subject of uninsured motorist coverage and could

certainly provide you with assistance.

I strongly recommend that you focus on recovering from your injuries. Seek out the help of a specialist. And with regard to your claims, you should probably not sign any papers or

give any statements until you speak with an attorney.

Please consider contacting me for a free consultation.

Good luck to you.

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Answered on 11/07/09, 6:39 pm


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