What to Do After an Automobile Collision in Evanston, IL


November 30, 2022 | Personal Injury Law Firm

For those who call Evanston home, we know it as a wonderful place to live, work and enjoy the many activities it has to offer. Unfortunately, whether on busier streets such as Green Bay Road, or quiet residential neighborhoods, automobile collisions do occur, and it is important to know what to do after a crash. Knowing your rights and having a car accident lawyer in Evanston on your side can help you understand the process and navigate any legal issues.

Here’s what to do if you’re involved in an automobile collision:

What to do immediately following an automobile collision.

Immediately following the collision, if you are uninjured, assess the situation. Ensure all drivers involved in the accident have stopped their vehicles. To the extent possible, if it is safe to do so, take photos of the position of the vehicles on the roadway due to the collision. Once that is done, make sure the vehicles are moved out of traffic and off the roadway. If possible, turn on your hazard lights to alert other drivers. 

Once you have moved the vehicles to a safe place, call the police and report the accident if any property damage or injury is involved. It is also important to obtain personal information from all drivers involved in the collision, such as name, address, phone number and insurance policy information. 

Drivers in Evanston need to exchange information with each other at the scene of an automobile collision. Even if no one was injured or there was no severe property damage, this will help protect them when dealing with their insurance companies. 

If you are injured, seek medical attention.

If anyone has been injured in the crash, it is important to seek the necessary medical attention immediately. Even if the injury seems minor initially, some injuries may take time to appear and can be serious.

Immediately apparent injuries include broken bones, lacerations, and head trauma. If any of these have occurred, seek medical attention immediately. You may need to go to a nearby hospital or medical center for an examination via ambulance. Even if your vehicle is still driveable, be careful that driving too soon does not put you at risk for further problems. 

Some injuries may not be as apparent initially, but can be significant and include internal bleeding, soft tissue injuries, and spinal cord damage. While these types of injuries may not be immediately obvious and can take hours to days to develop, it is important to seek medical attention promptly for your own well-being.

Notify your insurance company.

After receiving the necessary medical attention, each driver should contact their automobile insurance company and report the accident as soon as possible. If necessary, contact your insurance agent from whom you purchased your policy for the correct contact information. It is important to keep records of all communications and documentation related to the collision in case there are any disputes down the road. 

Do not give a statement to the other driver’s insurance company

If you’ve been injured in the collision, the insurance company for the at-fault driver may try to contact you to take a recorded statement.  Unsuspecting victims may fall prey to questions that are intended to distort the facts of the collision to benefit the insurance company.  This is one of the most important reasons for contacting an Experienced Evanston personal injury attorney shortly after sustaining injuries in a motor vehicle accident.

Who’s at fault, and how Illinois’s comparative negligence laws affect you.

If you are involved in an accident in the state of Illinois, it is important to understand how the state’s comparative negligence laws may affect you. Comparative negligence is a legal doctrine that apportions fault among the parties to an accident. Under Illinois law, an injured party may recover damages from another party only if that party is 50% or less at fault for the accident.

If you are involved in an accident in which you were partially at fault, your damages will be reduced by your percentage of fault. For example, if you are involved in a car accident and are determined to be 20% at fault, any damages you recover will be reduced by 20%. This means that if you are awarded $100,000 in damages, you will only receive $80,000 because you were 20% at fault for the accident.

It is important to note that under Illinois law if you are more than 50% at fault for an accident, you cannot recover any damages from another party — even if that other party was also at fault for the accident. 

When two or more parties are involved in an accident, the insurance companies representing each party will try to prove that the other party was at fault. However, in some cases, one party may admit to being partly at fault for the accident. 

Dealing with insurance companies after an automobile collision to get the compensation you deserve.

When dealing with insurance companies after an automobile collision, it is important to be aware of the Three D’s: dispute, delay, and deny. Insurance companies do not like to pay out claims for damages, so they will try to find ways to reduce or avoid paying any compensation. 

  • Dispute – The insurance company may attempt to dispute your claim by claiming that you are not entitled to damages or that the amount of damages you are seeking is too high.
  • Delay – The insurer may also delay processing and paying out on your claim, hoping you will either give up or accept a reduced settlement amount to get paid sooner. 
  • Deny – In some cases, the insurer may simply deny your claim altogether without providing any justification for doing so.

If you have been injured in an accident caused by another driver, getting help from a lawyer experienced in automobile accidents is essential. Experienced Evanston personal injury lawyers can help protect your rights and ensure that you receive the total compensation you are entitled to under the law. The attorneys at Robert Rooth Law Firm understand how intimidating it can be to deal with insurance companies after an auto accident. They are here to help guide you through the process. 

If you have been injured in an automobile collision in the Chicago area, contact Robert Rooth Law Firm for a free consultation. Our skilled team of personal injury lawyers is dedicated to helping injured victims get the justice and compensation they deserve. Don’t let insurance companies dispute, delay and deny your claim –— contact us today!