What to Do After a Car Accident in Central Illinois

By Shaun D. Cusack, Attorney at Law

A serious car accident can change your life in seconds. Suddenly, you may be dealing with injuries, medical appointments, a damaged vehicle, missed work, bills, and calls from insurance companies.

If you were injured in a car accident anywhere in Central Illinois, what you do afterward can affect both your recovery and your ability to receive fair compensation.

At Cusack & Gilfillan LLC, we represent injured people throughout Central Illinois, and the Midwest, including Peoria, Bloomington-Normal, Pekin, East Peoria, Morton, Washington, Metamora, Eureka, Pontiac, and surrounding communities.

Whether your collision happened on Interstate 74, Interstate 55, Route 24, Route 29, Route 116, or a neighborhood street, the same basic steps can help protect you and your potential personal injury claim.

Get Medical Care

Your health comes first.

Call 911 if you or anyone else may be injured. Even if you do not leave the scene by ambulance, seek appropriate medical care if you are experiencing pain or other symptoms.

Not every injury is immediately obvious. Adrenaline can mask neck and back pain, headaches, dizziness, numbness, tingling, or other symptoms that may become more noticeable later.

When speaking with medical providers, accurately explain how the accident happened and describe all of your symptoms. Do not exaggerate them, but do not minimize them either.

Continue with reasonable recommended treatment and keep your appointments. Unexplained gaps in care can later give an insurance company an opportunity to argue that you recovered or that your condition was caused by something unrelated to the accident.

Call the Police and Document the Scene

For a significant collision, contacting law enforcement is generally a good idea.

Depending on where the crash occurred, the investigation may be handled by a local police department, county sheriff, or Illinois State Police.

A police report can document the drivers, vehicles, insurance information, witnesses, location, road conditions, statements, and citations.

If you are able to do so safely, also take photographs or video of:

• All vehicles and their damage
• The position of the vehicles
• Skid marks, debris, and broken glass
• Traffic signals, signs, and lane markings
• Road and weather conditions
• Visible injuries
• Nearby businesses or buildings

Accident scenes change quickly, so evidence that exists immediately after a crash may not be there days later.

Look for Witnesses and Video

Get the names and contact information of anyone who witnessed the collision.

Also look for nearby surveillance cameras. Businesses, homes, gas stations, parking lots, and doorbell cameras may have captured what happened.

Video is often automatically deleted or recorded over, so identifying possible footage early can allow an attorney to request that it be preserved.

Gather Information About Everyone Involved

Collect identifying and insurance information for everyone involved, including:

• Drivers
• Vehicle owners
• Insurance companies
• Passengers and witnesses
• Employers, if someone was driving for work

Do not assume the person driving the other vehicle is necessarily the only responsible party.

An accident may involve a vehicle owner, employer, commercial business, rideshare company, or multiple insurance policies. A proper investigation considers all potentially responsible parties and all available insurance coverage.

Be Careful With Insurance Companies

After a collision, you may hear from several insurance companies.

Remember that an insurance adjuster is investigating the claim on behalf of an insurance company. Do not give a recorded statement to the at-fault parties’ insurance company without talking to your lawyer. Remember, from the word go, the at-fault driver’s insurance company is going to attempt to collect information/evidence to minimalize your claim. A lawyer is the best barrier.

You should also know exactly what you are signing. Insurance companies may ask for:

• Medical-record authorizations
• Employment-record authorizations
• Property-damage agreements
• Settlement agreements
• Releases of all claims

DO NOT SIGN ANYTHING WITHOUT HAVING YOUR LAWYER REVIEW IT

Likewise, be cautious about accepting an early settlement before you know the full extent of your injuries. You may not yet know whether you need surgery, additional treatment, future medical care, or significant time away from work.

Once a full release is signed, the injury claim is generally over.

Keep Records and Be Careful on Social Media

Keep copies of everything related to the accident, including:

• Police reports and photographs
• Medical records and bills
• Prescription costs
• Repair and towing expenses
• Insurance correspondence
• Wage-loss information
• Off-work or disability notes

It can also help to keep track of how your injuries interfere with work, sleep, family activities, household responsibilities, exercise, and hobbies.

At the same time, assume that public social-media posts may eventually be seen by an insurance company or defense attorney. Avoid posting about the accident, your injuries, medical treatment, or settlement discussions.

You May Have a Claim Even If You Were Not Driving

Car accident injury claims are not limited to drivers.

You may have a claim if you were injured as a:

• Passenger
• Pedestrian
• Bicyclist
• Motorcyclist
• Rideshare passenger
• Occupant of a work vehicle

Passengers should not assume they have no claim simply because they were riding with a friend or family member. Depending on what happened, an injured passenger may have claims against one or more drivers, vehicle owners, employers, or insurance companies.

What If You Were Partly At Fault?

A possible mistake on your part does not necessarily prevent you from recovering compensation.

Illinois follows a modified comparative fault system. If an injured person is found to be 50 percent or less responsible, compensation may still be recovered, although the amount is reduced by that percentage of fault.

If the injured person is found to be more than 50 percent responsible, recovery is barred.

An insurance company’s assessment of fault is not necessarily the final word.

What If the Other Driver Has Little or No Insurance?

You may still have options.

Uninsured motorist coverage may apply when the responsible driver has no insurance. Underinsured motorist coverage may provide additional benefits when the responsible driver has insurance but not enough to fully compensate you.

Other coverage may also be available through a household policy, vehicle owner, employer, or commercial insurance policy.

Finding all available insurance coverage can be especially important in a serious injury case.

When Should You Contact a Central Illinois Car Accident Lawyer?

As soon as possible and immediately if:

• You suffered a significant injury
• You were taken to the emergency room
• You may need surgery
• You are missing work
• Your injuries may be permanent
• Fault is disputed
• Multiple vehicles were involved
• A commercial vehicle was involved
• You were injured as a passenger
• The responsible driver was uninsured or underinsured
• An insurer wants a recorded statement
• Your claim has been denied or undervalued

An experienced attorney can preserve evidence, investigate the collision, identify responsible parties, find available insurance coverage, deal with adjusters, document your damages, negotiate the claim, and file a lawsuit when necessary.

Injured in a Central Illinois Car Accident?

Talk to Shaun or Dan Cusack

If you were injured in a car accident, you should be able to focus on getting better—not fighting with insurance companies or trying to determine liability and insurance coverage yourself.

Shaun Cusack and Dan Cusack of Cusack & Gilfillan LLC represent injured people throughout Central Illinois, including Peoria, Bloomington-Normal, Pekin, East Peoria, Morton, Washington, Metamora, Eureka, Pontiac, and surrounding communities.

We investigate what happened, identify responsible parties and available insurance coverage, handle communications with the insurance companies, and work to obtain fair compensation for our clients.

If you were injured as a driver, passenger, pedestrian, bicyclist, or in another type of motor vehicle collision, contact Shaun Cusack, Dan Cusack, or the attorneys at Cusack & Gilfillan LLC for a free consultation about your potential Illinois personal injury claim.

This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship. Every claim depends upon its particular facts, applicable law, and deadlines.