I Was Injured in a Car Accident Caused by My Friend. Can I Still File an Accident Claim?

 Posted on October 29, 2021 in Car Accidents

Being injured in a car accident can be a traumatic experience, especially if those injuries are serious. Not only do you deal with the pain and medical treatment that comes with those injuries, but victims also often face financial difficulties because of the cost of the medical care and lost wages from time missed from work as they recover.

In most cases, when a person is injured in a car accident, there is no hesitation about filing for damages against the driver who caused that accident and is responsible for those injuries. But what happens when that driver is someone you know – a friend or family member? Should you still seek compensation? As difficult as that may seem, the answer is yes.

Car Accidents and Insurance Policies

If you are injured in a car accident caused by someone you know, you should treat it the same way you would if that driver was a stranger to you. Do not discuss the accident or any details about your injuries with them. This does not mean you cannot talk to them at all. It just means avoiding the topic of the car accident.

Under Illinois law, you have every right to file a claim against a driver responsible for injuries and property damage. This is one reason why drivers have vehicle insurance and why many states require vehicle owners to carry insurance. The law is in place to ensure that every car owner has a way to pay for damages if they are responsible for an accident. Filing a legitimate claim for injuries is not taking money away from your friend that caused the accident. Any awarded damages will be paid to you by their insurance company.

Do I Need an Attorney?

Although it is important to contact an experienced personal injury attorney any time you are injured in an auto accident, it is especially important to do so when the responsible party is someone you know and let your attorney deal with their insurance company.

The insurance policy may be in place to cover accident damages, but the insurance company is in business to make money and will do everything they can to avoid paying what a victim should receive. If you are already feeling uncomfortable about seeking damages against your friend, an insurance adjuster will very likely manipulate those emotions and convince you into agreeing to a settlement that is much less than what you should receive.

Contact a Will County Personal Injury Attorney

If you have suffered injuries in a car accident caused by a friend or family member, you will still have medical bills, loss of income, and other damages just as you would have if the at-fault driver was someone you did not know. Our Joliet, IL car accident attorneys have successfully handled many cases like this and understand how delicate these situations are. Call McNamara Phelan McSteen, LLC at 815-727-0100 to schedule a free and confidential case evaluation and find out how we can help.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-401