Legal Question in Personal Injury in Illinois
I was in a car accident on a very wet day and I was driving a safe distance and then a car brakes suddenly with her tires swaling and I rear ended her. This is in the state of Illinois and she stopped suddenly to avoid a photo enforced red light and not giving enough time and her brake lights weren't working. I have no damage to my car when I hit her car my speed had to have been not even 3mph and I have a witness who is willing to make an statement on my behalf. But there's a mishap on my part, which is I was uninsured I offered to pay her damages but she declined saying her insurance would take care of it. That is OK and I'm willing to pay them the cost for the car, but she called me over 24 hrs and said she went to the hospital. I guess she's planning on suing me so what I want to know is what rights do I have? Should I admit fault because it was a rear end? Any advice would be great!!!!!
3 Answers from Attorneys
It sounds like you were not at fault under these facts. Do get insurance for yourself as soon as possible. If you have insurance it might lesson any fees by the State. Also, I recommend that you consult a knowledgeable and experienced lawyer as soon as possible, and also before you give statements. I would recommend you consult with a traffic type of lawyer ASAP re your involvement, lack of insurance and also a personal injury defense lawyer, especially if they pursue you for her injury or damages. But do get insurance for yourself and for others - because you never know. Best of luck. Attorney Alex
1st, if you are uninsured, get insurance immediately. 2nd, contact the other driver's carrier and give them your recorded statement. Be honest. If she suddenly stopped and there was extremely minor damage, tell them and let them photograph your car. It will be far easier for her to pursue her claim for uninsured motorist benefits than to pursue you if you are judgment proof. 3rd, be sure that you give the insurer the name and address of the witness so they can corroborate your version. Finally, don't make any additional contact with the claimant, nor any further offers to pay. Good luck.
Wow! You can tell that Mark works for an insurance company. Do not under any circumstances give a statement to the other driver's insurance company without having hired an attorney who tells you to provide a statement. You should hire counsel as soon as you can so that he or she can obtain a statement from your witness before the insurance company does! IN the meantime, you should obtain insurance.
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