Chicago Hit-and-Run Accident Lawyer
Injured in a hit-and-run? Even though you do not know the identity of the party responsible for the injuries you sustained, you are still entitled to compensation under your own insurance policy’s uninsured motorist provisions. Although your insurance company is obligated to fulfill its obligations in a hit-and-run accident, insurers frequently do not act with your best interests in mind. Our Chicago hit-and-run accident attorneys have decades of experience dealing with insurance companies. We will effectively advocate on your behalf to obtain the money that you are owed.
Our experienced hit-and-run accident lawyers have been helping injured victims in Chicago and the surrounding areas since 1940.
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Did the driver that hit you flee the scene? Call (312) 600-0000 for a hit-and-run accident lawyer in Chicago.
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Illinois Law Regarding Hit-and-Run Accidents
Ankin Law Fights for Injured Hit-and-Run Victim in Landmark Trial
Carmen Galarza was struck by a hit-and-run driver while walking across a parking lot in 2018, sustaining serious injuries to her head and body. Despite the driver fleeing the scene, Galarza’s auto insurance initially sought to deny coverage for her injuries, arguing that policies did not cover pedestrians. Represented by Ankin Law, Galarza filed a lawsuit and won at the trial level, where a Chicago judge ruled in her favor against Direct Auto Insurance Company.
Direct Auto Insurance appealed, prompting the Illinois Appellate Court to address whether insurance policies could exclude uninsured motorist coverage for policyholders injured as pedestrians. In a landmark decision, the court upheld Illinois’ public policy that requires insurance companies to provide coverage in such cases, emphasizing the protection of individuals injured in vehicular accidents.
The appellate court’s ruling clarified that insurance coverage must extend to all household members named in the policy, regardless of whether they were pedestrians or occupants of insured vehicles during the accident. Galarza’s case may proceed to arbitration to seek a settlement, aiming to resolve the dispute without further litigation.
Ankin emphasized that Illinois residents should be aware of their rights and legal options when facing insurance disputes, encouraging them to seek legal counsel if their coverage rights are being unfairly denied.
Case Outcomes Affect State Laws
The Illinois Appellate Court ruled that under state law, uninsured/underinsured motorist (UIM) coverage must apply to pedestrians and bicyclists, even if insurance policies state otherwise. This decision, released on September 30, 2022, emphasized that insurance terms conflicting with statutory requirements are invalid. The court overturned a previous judgment favoring Direct Auto Insurance Company, which had denied UIM claims to Carmen Galarza and Cristopher Guiracocha, injured in separate accidents involving hit-and-runs while walking or cycling. Direct Auto argued its policies only covered injuries to occupants of insured vehicles, not pedestrians or cyclists.
The court’s interpretation of Illinois Insurance Code section 143a mandates coverage for all insured persons, irrespective of vehicle occupancy. This decision challenges insurers’ attempts to restrict UIM benefits unfairly, commonly seen in cases involving hit-and-run accidents. It highlights ongoing legal battles where insurance companies deny claims through blaming victims, minimizing injuries, or manipulating policy terms.
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Common Reasons for Hit-and-Run Accidents in Chicago
Drivers may flee the scene of an accident for a variety of reasons. However, the underlying cause is often tied to the desire to evade accident liability and criminal charges for illegal activity while driving. Other reasons drivers hit-and-run include immigration status concerns, active arrest warrants, and intoxication.
Distracted Driving
Distracted driving is a leading cause of hit-and-run accidents in Chicago. Drivers who are preoccupied with their phones, in-vehicle entertainment systems, or other distractions may not notice traffic signals, pedestrians, or other vehicles. When they cause an accident, their distraction can lead them to flee the scene to avoid the consequences of their inattentiveness.
Intoxication
Driving under the influence of alcohol or drugs impairs a driver’s ability to operate a vehicle safely. Intoxicated drivers are more likely to make poor judgments, such as running red lights or failing to yield. When involved in an accident, these drivers may panic and flee the scene to evade legal repercussions, such as DUI charges, which can include hefty fines, license suspension, and imprisonment. Their attempt to avoid immediate consequences often leads to greater harm for accident victims.
Fear of Legal Consequences
Some drivers involved in accidents flee due to fear of legal consequences, such as being cited for traffic violations or having their license suspended. This fear is often heightened if the driver is unlicensed or has a history of driving offenses. The financial and legal repercussions can drive drivers to escape the scene, hoping to avoid detection and prosecution.
Lack of Insurance
Driving without insurance is a problem in Chicago, where financial constraints or negligence may lead individuals to operate vehicles unlawfully. When these drivers are involved in an accident, their lack of insurance makes them wary of the financial liability they face, such as covering medical expenses and vehicle repairs. To avoid these financial burdens, uninsured drivers might flee the scene, hoping to evade responsibility and avoid the financial repercussions of the accident.
Driving Without a License
Unlicensed drivers, who may be operating a vehicle illegally due to prior license suspensions or failure to obtain a license, are at higher risk of fleeing the scene after an accident. The fear of facing additional legal consequences, such as arrest or further penalties for driving without a valid license, drives them to escape.
Vehicle Theft
In some cases, individuals involved in hit-and-run accidents may have stolen the vehicle they were driving. These thieves, aware of the criminal implications of their actions, are likely to flee the scene to avoid arrest. Vehicle theft not only compounds the seriousness of the accident but also makes it harder to trace the responsible party. This often results in prolonged investigations and difficulties for victims seeking compensation or justice.
Impaired Judgment
Certain medical conditions or severe fatigue can impair a driver’s judgment and reaction times, leading to accidents. Drivers experiencing such impairments may not be fully aware of the gravity of the situation or may panic, leading to a hit-and-run. For instance, a driver suffering from a sudden medical episode or drowsiness may not process the accident correctly and flee the scene.
Emotional Distress
Emotional distress or psychological issues can also contribute to hit-and-run incidents. Drivers experiencing severe stress, anxiety, or other emotional problems might not be in the right state of mind to handle an accident responsibly. In a panic or emotional turmoil, they may choose to flee the scene rather than confront the situation.
Can I Use My Uninsured/Underinsured Policy to Recover My Damages?
When a hit-and-run accident occurs, victims must recover their losses through a claim against their own uninsured/underinsured motorist coverage. In Illinois, you can use your uninsured/underinsured motorist (UIM) policy to recover damages if you are involved in an accident with a driver who either has no insurance or insufficient insurance coverage. Uninsured motorist coverage is designed to protect you when the at-fault driver lacks insurance, while underinsured motorist coverage kicks in when the at-fault driver’s insurance is insufficient to cover the full extent of your damages.
If you’re in an accident with a driver who doesn’t have insurance, you can file a claim under your own uninsured motorist policy. This coverage helps compensate for medical expenses, lost wages, and other damages resulting from the accident. Illinois law requires that insurance policies provide uninsured motorist coverage unless you opt out. This also applies to hit-and-run cases.
If the at-fault driver has insurance, but his or her coverage limits are too low to cover your damages fully, you can turn to your underinsured motorist coverage. This coverage will make up the difference between the at-fault driver’s policy limits and the total amount of your damages, up to the limits of your own UIM policy.
In Illinois, insurers are required to offer UIM coverage, but you can only recover damages up to the limits of your own policy. It’s important to review your policy details and ensure you have adequate coverage to protect yourself in case of an accident with an uninsured or underinsured driver. If you face difficulties with your claim, consulting an attorney who specializes in personal injury or insurance disputes can help ensure you receive the compensation you need.
Is your insurance company fighting your claim? Call Ankin Law at (312) 600-0000 for help.
What Happens If a Hit-and-Run Driver Is Found?
If a hit-and-run driver is found, several legal and procedural steps follow to address the situation and ensure accountability:
Once the driver is identified, he or she may face serious legal repercussions. In Illinois, hit-and-run incidents are considered criminal offenses, and the driver could be charged with leaving the scene of an accident, which is a felony if there are injuries or fatalities involved. The severity of the charges often depends on the extent of the damages, injuries, or fatalities resulting from the car accident. Convictions can lead to fines, imprisonment, and a permanent criminal record.
Finding the hit-and-run driver can positively impact the insurance claims process. If the driver is identified and found to have insurance coverage, you may file a claim directly with his or her insurance company for damages. This could cover medical expenses, vehicle repairs, and other related costs. The driver’s insurance may also cover additional damages not previously covered under your own uninsured/underinsured motorist policy
Identifying the driver also opens the door for civil lawsuits. You may file a personal injury lawsuit against the driver to recover damages for pain and suffering, lost wages, and other non-economic losses. The court can award compensation based on the extent of the damages and the driver’s liability.
In some cases, the court may order the hit-and-run driver to pay restitution to the victims, which involves compensating for financial losses incurred due to the accident. The driver may also face additional penalties, such as points on his or her driving record and suspension or revocation of his or her driver’s license.
For the victims, finding the hit-and-run driver can facilitate the process of seeking full compensation for their injuries and damages. It can also provide a sense of closure and justice.
Overall, identifying a hit-and-run driver can impact the legal and financial outcomes for the victims, ensuring they receive appropriate compensation and that the responsible party is held accountable for his or her actions.
Frequently Asked Questions About Hit-and-Run Accident Claims
What Do I Do in a Hit-and-Run Accident?
If you are involved in a hit-and-run accident, follow these steps:
- Ensure Safety: Move to a safe location if possible and check for injuries. Call 911 immediately for medical assistance or police help.
- Collect Information: Try to note any details about the fleeing vehicle, such as its license plate, make, model, and color. Gather witness contact information if available.
- Report the Accident: Notify law enforcement and provide as much information as you can. Filing a police report is crucial for legal purposes and insurance claims.
- Document the Scene: Take photos of the damage to your vehicle, road conditions, and any other relevant factors at the scene.
- Contact Your Insurance: Report the incident to your insurance company, even if the driver isn’t identified. Depending on your coverage, you may be able to file an uninsured motorist claim.
Contact a Hit-and-Run Accident Lawyer: Call our law firm right away. We will protect your rights and help ensure that you receive maximum compensation for your losses.
How Do I Report a Hit-and-Run Accident?
To report a hit-and-run accident in Chicago, you can file a police report with an officer at the scene of the crash. You can also report the accident to the Illinois State Police within 10 days if an officer does not arrive at the accident scene. A trooper at your local police department may also be able to take a desk report.
Can I Make a Hit-and-Run Claim as a Pedestrian?
In Illinois, you can make a hit-and-run claim as a pedestrian using your uninsured/underinsured motorist (UIM) coverage. This coverage applies to injuries caused by unidentified or uninsured drivers, allowing you to recover damages for medical expenses and other losses despite not being in a vehicle.
How Long Do I Have to File a Hit-and-Run Accident Claim?
In Illinois, you have two years from the date of the hit-and-run accident to file a claim. This statute of limitations applies to personal injury claims, including those involving uninsured/underinsured motorist coverage. It’s essential to file within this period to ensure you can recover damages.
What If the Other Driver Gave Me False Contact Information?
If the other driver gave false contact information, report the incident to law enforcement and your insurance company immediately. Provide all details and evidence of the exchange. Your insurer may help investigate and cover your damages under your uninsured/underinsured motorist policy, depending on the circumstances.
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