Frequently Asked Questions About Car And Truck Accidents In Illinois

Last updated on August 21, 2025

The questions and answers below are representative of those we discuss with potential and existing clients of The Crannell Law Group, LLC. Bring your questions to our attention so that we can personalize your answers.

FAQ Contents

How long do I have to file a lawsuit for a car accident?

My car is damaged. Who pays for the repairs?

I have medical bills. Who pays for my medical treatment?

My injuries prevented me from working. Can I recover for lost wages?

I was the passenger in a car accident and was injured. Who pays for my medical treatment, lost wages, and pain and suffering?

The other driver’s insurance has offered to settle my case with me. Is its offer fair?

The other driver’s insurance company is calling me. Should I give it a recorded statement?

My insurance company is calling me. Should I give it a recorded statement?

I was the victim of a hit-and-run. Who pays for my property damage, medical bills, lost wages, and pain and suffering?

The other driver had no insurance or policy limits that are less than my medical bills, property damage, etc. What can I do?

What is my case worth?

See the discussions below for examples of points you may want to go over with one of our lawyers in your free initial consultation.

How long do I have to file a lawsuit for a car accident?

In most cases in Illinois, the statute of limitations for an auto accident is two years from the date of the accident. When the injured party is under the age of 18 at the time of the collision, the suit may be filed within two years of the minor’s 18th birthday. In any event, you should contact our office as soon as possible so that we can begin our investigation as close to the date of the accident as possible.

Waiting too long before contacting an attorney can be detrimental to your case or even bar you from recovery altogether. Contact our office as soon as possible after the accident to discuss your case.

My car is damaged. Who pays for the repairs?

If another driver was at fault for the accident, then their insurance company should pay for the repairs to your vehicle. If you were at fault and had full coverage at the time of the accident, then your insurance company should pay for the repairs. If you were at fault and had no insurance or had a liability-only policy, then you are responsible for paying for the repairs.

Although it is usually clear who caused the accident based on the circumstances (for example, someone ran a red light or rear-ended you), you should still speak to an attorney to make sure all the facts and laws are properly considered.

I have medical bills. Who pays for my medical treatment?

Medical bills stemming from injuries incurred in a car accident can be paid in a variety of ways. Insurance companies settle cases in one lump sum and only after obtaining and reviewing the related medical file. In the meantime, your medical bills might start piling up, and you might start getting calls from collection agencies. We typically recommend the following concerning medical bills before a settlement/verdict:

1. Group health insurance: If you have health insurance, Medicaid or Medicare, you should bill all your medical treatment through your health insurance policy. Your health insurance company is entitled to be reimbursed for these payments out of any settlement or verdict obtained on your behalf, but insurance companies often pay for medical treatment at a discounted rate. At the very least, if you bill through your group insurance, then you will know that your bills will be taken care of and that you won’t have to deal with bill collectors.
2. Medical payment provision of your automobile insurance: Call your insurance company to see whether you have a medical payment policy. Many policies will include $5,000, $10,000 or more in medical coverage for accident-related injuries. Your insurance company is entitled to be reimbursed for these payments out of any settlement or verdict obtained on your behalf, but at least you can get a large amount of your bills paid upfront. This option is particularly good when you have no other group health insurance to pay your bills.
3. Health care liens: If the first two options are unavailable or exhausted, many providers will agree to place a lien on your personal injury file if you are represented by an attorney. If the physician agrees to place a lien on your file, you will be able to receive medical treatment from that provider without having to pay for the charges as they are incurred. Instead, the provider’s lien entitles them to be paid out of any settlement or verdict amount obtained on your behalf. In the event that you don’t recover from your injuries, you will be responsible for paying the balance owed to the physician.

My injuries prevented me from working. Can I recover for lost wages?

Lost wages should be included in any insurance claim when injuries sustained in a motor vehicle collision prevent the victim from working.

Always get a doctor’s note for missed days of work. Any days you miss that aren’t verified by a physician are unlikely to be reimbursed.

I was the passenger in a car accident and was injured. Who pays for my medical treatment, lost wages, and pain and suffering?

The at-fault driver’s insurance is responsible for paying your medical bills, lost wages, and pain and suffering even if the driver of the car you were a passenger in caused the accident.

If another driver was at fault, then, in addition to the other driver’s insurance, the driver of the vehicle in which you were a passenger may have a medical payment policy and/or an uninsured/underinsured motorist policy that may apply to you. If that is the case, then you may be able to obtain a recovery under one or both of those policies, when applicable.

The other driver’s insurance has offered to settle my case with me. Is its offer fair?

Insurance companies very rarely offer a fair settlement to an unrepresented person early on in a case. Adjusters are paid to save the insurance company money, and they are looking out for their best interests, not yours.

As experienced attorneys who negotiate injury settlements every day, we have the experience necessary to evaluate the value of your case. Do not accept a settlement offer without discussing your case with one of us first.

The other driver’s insurance company is calling me. Should I give it a recorded statement?

The insurance company will attempt to investigate the accident to determine which driver was at fault, and it will need to know your version of the facts before it can make that determination. You should speak with a lawyer before giving a statement to anyone about your case.

My insurance company is calling me. Should I give it a recorded statement?

Even if another driver caused the accident, your insurance company will also investigate the accident to determine who was at fault, which will include calling to record your version of what happened. Even when it’s your own insurance company calling, you should speak to an attorney before speaking to the company about your case.

I was the victim of a hit-and-run. Who pays for my property damage, medical bills, lost wages, and pain and suffering?

If the at-fault driver flees the scene of the accident and is not subsequently located, you will need to look into your own insurance policy to see if you have uninsured motorist coverage. If so, you are entitled to file a claim with your insurance company for your medical bills, lost wages, and pain and suffering.

If the at-fault driver is not found after the accident and you do not have uninsured motorist coverage, but you have a full coverage policy, then you can file a claim for property damage under your policy.

If you have a medical payment policy, then you can pay for medical treatment with those funds.

If you have a liability-only policy or were uninsured on the date of the accident, then you will be responsible for paying for your property damage and medical bills.

The other driver had no insurance or policy limits that are less than my medical bills, property damage, etc. What can I do?

Uninsured Motorist Coverage

If an uninsured driver hits you and you suffer injuries and/or property damage, you are not necessarily out of luck. First, you should call your insurance company and open a claim for your property damage. Next, check your policy or ask your insurance company representative if you have medical payment coverage. If the answer is yes, then you should open up a claim for medical payments. Next, ask whether you have uninsured motorist coverage. If so, then you may be able to recover from your injuries and/or property damage through your own policy. Lastly, you may wish to investigate the possibility of suing the at-fault driver directly. Suing an uninsured individual is often the last resort and rarely advised because collecting a judgment from an individual can be very difficult, if not impossible. Chances are, if the other driver couldn’t afford insurance, they won’t be able to afford to pay a judgment, either.

Underinsured Motorist Coverage

If you sustain property damage and/or injuries that exceed the other driver’s insurance policy limit but you have underinsured motorist insurance, then you may be able to settle the case with the other driver’s insurance company and file a claim against your insurance company for the difference. Your insurance company is entitled to a set-off for the difference between the full policy limits of the at-fault driver’s insurance policy and will only be responsible for the amount by which your damages exceed the at-fault driver’s policy limits. For example, if you have $100,000 in damages but the other driver’s insurance policy limit is $50,000, your underinsured motorist policy will only be liable for the extra $50,000. In Illinois, you must obtain approval from your underinsured motorist insurance carrier before accepting a settlement for policy limits from the at-fault driver’s insurer. Additionally, you must provide notice of your intent to pursue an underinsured motorist claim to your insurer.

What is my case worth?

Only a thorough review of all the evidence in your case, including your medical records, bills, property damage, photographs, traffic crash report, etc., will allow us to estimate the value of your case.

Many factors may weigh in on your case, including the following:

• The extent of your injuries
• The medical treatment required to cure or alleviate those injuries
• Whether your injuries are permanent
• Whether you have preexisting injuries
• Whether any of the liability for the accident can be attributed to you
• The county in which the case would be filed

Juries in certain counties are more conservative than others. Our experience as trial lawyers helps benefit our clients seeking compensation after car accidents.

Speak With A Naperville Car Accident Lawyer At No Cost

Reach out today for a free consultation so that we can review your case. We accept personal injury clients on a contingency basis. You won’t pay attorney’s fees unless we collect money for your injuries.

To set an appointment about your car or truck accident at your earliest convenience, call (630) 995-9995 or send an email inquiry.