Attorneys for Car Accident Claims Against Friends & Family
It is often necessary for a Chicago car accident victim to file a personal injury lawsuit or insurance claim against family members responsible for a crash involving injuries or fatalities. In most cases, the driver responsible for the accident and the victim suffering injuries usually never met before the crash.
Sometimes, the victim injured in a crash is a relative or friend of the driver at fault for causing the accident. In these cases, the car accident victim must file an injury lawsuit against a parent, grandparent, uncle, aunt, or other close relatives, to receive financial compensation for their injuries.
Hiring an Auto Accident Injury Attorney Can Help
Was a friend or family member responsible for the crash that led to your damages? If so, Rosenfeld Injury Lawyers LLC can assist you with obtaining the compensation you are entitled to receive while protecting the interests of those you love. Contact our Chicago auto accident attorneys today to learn more about your rights under Illinois law.
Car Accident Injury Claims against Family and Friends FAQs
Can I Claim Personal Injury if the Car Accident was My Fault?
Illinois tort law allows passengers and others injured in a vehicle accident to file a civil lawsuit against anyone at fault for causing the accident, including friends and family members. Typically, victims receive compensation of about $150,000 for moderate injuries through negotiated settlements.
Accidents with serious injuries tend to settle for approximately $350,000 or less, and those with severe injuries about $750,000 or less. If the crash caused extreme injuries or wrongful death, accident victims and surviving family members typically settle for about $1.9 million.
What do You do If You are a Passenger in a Car Accident?
If you were injured in a motor vehicle accident while riding as a passenger, you have the legal right to seek financial compensation. You can file a claim against any responsible party, even friends and family members.
Participate in a police report from the scene of the accident and seek immediate medical attention if necessary. Untreated accident victims might not be aware of their injuries until days or weeks after the crash occurs.
Instead, get an accurate diagnosis from a trained healthcare professional with the best diagnostic tools and follow your doctor's recommendations and treatments to heal.
Can I Claim Whiplash if I Was a Passenger?
A car accident's impact force can cause whiplash injuries to the head, neck, and shoulders. The driver and any passenger in the vehicle could suffer a whiplash injury.
Even an accident occurring at a low speed could cause a whiplash action when the head is thrust forward and backward quickly, or the victim takes the forceful impact of the exploding airbag.
Seek immediate medical attention to ensure that you have your whiplash injury accurately diagnose. File a personal injury claim against the party responsible for causing the crash, even if the driver was a friend or family member.
The car insurance coverage held by the person responsible for the accident will pay all accident victim legal claims. These car accident cases might involve multiple auto insurance companies to ensure that you, or your injured loved one, receive compensation to pay medical bills and lost wages.
Can You Prove You Have Whiplash?
Sometimes, even the best diagnostic tools cannot identify whiplash injuries. However, the doctor can use past and current medical records to prove damage or injury to the skull, vertebrae, and shoulders that might not appear on an MRI or x-ray.
It is crucial to seek out the best diagnosis from a competent physician and follow their treatment plans to ensure your healing.
How Long Does It Take to Receive an Offer of Compensation?
In many incidents, the insurance company's claims adjuster will investigate the claim and propose an initial offer within days after the accident. However, injured passengers should avoid accepting the initial offer until they have healed completely.
The insurance carrier is likely proposing a lowball settlement offer that might not cover all your ongoing and future medical care and treatment costs. Speak with an attorney on the best way to proceed or use the law firm's skill to negotiate a settlement on your behalf.
Why do Insurance Companies Drag out Claims?
It might take weeks or months before the insurance company proposes an initial settlement offer. Sometimes, a claims adjuster will recommend denying or delaying a compensation claim due to a lack of sufficient evidence involving property damage and injuries.
Insurance companies know that delaying a settlement offer can sometimes prove worthwhile further stockholders' profits to see if the claimant gives up pursuing compensation. Car accident lawyers can ensure you receive compensation even if the insurance adjuster has denied or delayed your claim.
Obtaining Insurance Coverage for an Injury Caused by a Relative
In most incidences, an insurance policy will cover members of an immediate family but might not cover members of an extended family. When this occurs, the insurance company will view individual family members as strangers if they do not live in the same household.
An aunt, uncle, or cousin suffering injuries in a vehicle accident where a family member is responsible might need to file a lawsuit or file a claim against their relative's policy to receive financial compensation for their pain, suffering, injuries, and damages.
Usually, the insurance policy will list all of the available drivers who are covered under the policy, which might limit specific family members from suing for damages beyond extended medical and no-fault coverage. Unless it is stated explicitly in the insurance policy, the coverage will not automatically benefit any individual who does not live in the same household.
Car Crashes Involving Family and Friends
Any family member injured in a car accident caused by an immediate relative should file a claim for financial compensation to cover property damage expenses, injuries, pain, suffering, and emotional anxiety.
In every incident, the automobile insurance company will hire a lawyer for the family member who owns the policy to provide legal representation for their defense in court or negotiate an out of court settlement. The attorney hired by the insurance carrier protects the rights of the policyholder and the insurance company and works to offer the lowest possible compensation for damages and injury.
Thus, it is crucial to understand that it is not a personal attack when an injured family member or friend sues the responsible party. It is not based on vengeance, but just one of the few ways that the system works to obtain compensation.
Receiving Fair Compensation For Chicago Auto Accident Injuries: Regardless of Who Causes The Accident
In many incidences, filing a claim or lawsuit against a family member responsible for a passenger's injuries in a car accident is the only way to receive adequate compensation. The money used to settle or resolve the case is paid by the insurance company and not the lawsuit's defendant.
The amount of compensation received in an out-of-court settlement, or as an award at trial once the jury has reached a verdict, can vary greatly. Financial compensation is usually based on the ability to prove damages, injuries, pain, and suffering.
Often this requires the skills of an experienced attorney who handles personal injury cases. A skilled lawyer can gather all the necessary information and evidence, speak to witnesses, and develop a strategy to make a strong claim by presenting their case to the insurance company for negotiation or to take the case to trial.
The amount of compensation received is usually enough to pay off all ongoing expenses associated with the accident. These include:
- Ongoing Medical Expenses
- Other financial bills
- Earnings lost from missed work
- Future earning potential when it is not possible to return to the job
- Pain and suffering
- Mental anguish and emotional distress
Hiring an Illinois Attorney To Pursue an Auto Claim Against a Relative or Friend
The car accident attorneys at Rosenfeld Injury Lawyers LLC offers skilled legal counsel for a family injured in car accidents caused by the negligent actions of a relative. Our attorneys will participate in negotiating meetings with the defendant's lawyers to achieve the highest out-of-court settlement or develop a strong strategy for presenting the lawsuit case at trial.
Our law office has successfully resolved Chicago car accident injury cases for injured family members when a relative is driving. We have a comprehensive understanding of Illinois tort law and appreciate the delicate balance between preserving a familial relationship and maximizing a car accident compensation.
Contact our personal injury attorneys at (888) 424-5757 (toll-free phone call) or through the contact form to schedule a free consultation. All discussions with our law firm remain confidential through an attorney-client relationship.
Please do not send sensitive information to our law office through voicemail, email, or text message. Our attorneys follow social distancing guidelines to prevent the spread of Covid-19 (coronavirus).