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Traffic accidents that include hits, injury and runaway are not the most pleasant experiences an individual can undergo. Within a few seconds, a vehicle driver can be gone and injured victims will be left dazed, scared and unsure what they can do legally. The occurrence of such incidents is more frequent than people may think in such a busy city as Chicago where congestion and rushing traffic are usual events. More often, victims find themselves wondering whether they can sue without any idea of the identity of the at-fault driver. It is at this point that the advice of a car accident lawyer in chicago
comes in as a key to the realization of possibilities of compensation and responsibility.
Hit-and-Run Accidents
A hit-and-run happens when a driver in an accident fails to stop, identify them, or offer any help as per the law. The Illinois law requires drivers to stay on the location, pass information and call the emergency services when there are injuries. The departure of the scene is a criminal act and can lead to severe consequences.
Notwithstanding these laws, the incidences of hit-and-runs occur because of panic, insurance lapse, intoxication, or unresolved warrants. Sadly, the injured individual is left to cope with injuries, destruction of property, and economic strains with no defendant who can be easily traced.
Will You be able to sue in case the driver is not found?
Yes, this is not to say that compensation can still not be sought even when the fleeing driver is never found. Although in a normal personal injury case, one must have a known defendant, the Illinois legal system also offers other alternatives in order to enable victims to recover.
These options often include:
- Uninsured motorist (UM) insurance claims
- Underinsured motorist (UIM) cover
- A victim policy through his/her own automobile policy.
- The possible civil suits in the event that the driver is distinguished later.
The success of a claim is mainly determined by the nature of the insurance cover that has been taken and the evidence that has been gathered following the accident.
Evidence Even After a Hit-and-Run.
Evidence is significant even when it is not in the presence of the at-fault driver to conclude on the availability of compensation. To be covered by insurance carriers, one must be able to prove that a hit-and-run took place and injuries were caused by the collision.
Important Evidence Sources
- Police accident report
- CCTV or road traffic camera video
- Dashcam recordings
- Witness statements
- Pictures of automobile damage and scene
- Healthcare records associated with the accident
Reporting should be timely. Time delays may undermine credibility and evidence may be hard to get.
Illinois Fault Comparative
Illinois adheres to a modified comparative negligence. This includes the fact that in case the injured party is partially at fault then compensation can be decreased. Any victim will still be able to gain damages provided they are not more than 51 percent of the cause of the accident.
In the hit and run case, the insurance companies claim that the victim was the cause or contributor of the crash. Legal advocacy and evidence is usually required to dispel these claims and defend the rights of the injured party.
Most frequent Problems with Hit-and-Run Claims
The cases that are considered as hit and run are usually more complicated than the regular car accident cases. Some of the most frequent difficulties are:
- Absence of identification of the driver
- Arguments on whether there was physical contact or not
- Denial of insurance through policy terms
- Hardly proving causation of injury
- Slowness in the police investigations
Due to the skepticism that the insurers might exercise towards such claims, the victims have often faced resistance, even in cases where they are covered by insurance.
Deadline and Legal Timeline
The law of Illinois restricts the amount of time within which personal injury claims can be filed. Most victims are given a time span of two years after the accident to start the process. Failure to meet this deadline may be forever disabling with regard to recovery.
Insurance policies can also have very rigid reporting time limits whereby some are expected to be notified within days or weeks. The speed of actions is important to protect both legal rights and compensation.
Furthermore, hit-and-run cases are associated with maneuvering of insurance law, evidence, and hard time limits. Insurers, whose main intention is to extend as little payment as possible as opposed to justice, are often faced by victims.
How to go on after being hit-and-run?
Hit and run accidents may have long term physical, emotional and economic consequences. Even though the fact that the at-fault driver is not present may be overwhelming, the Illinois legislation offers avenues through which victims can seek justice and financial compensation.
Knowledge about insurance, being timely and being aware of rights can make the difference in the outcome of a claim. To learn more about the accident cases, the resources, and other information and legal advice that can help you in situations related to accidents, refer to the Salvi, Schostok & Pritchard P.C. website.