Car Accidents: Navigating the Legal System

Chicago, ILAnyone who has been in a car accident can tell you that there is a lot of paperwork and it is important to ensure that all the paperwork is properly filed, that evidence is properly maintained and that the appropriate parties are held responsible for the accident. Elois C. says that her car accident resulted in a lot of running around to correct paperwork mistakes and she still fears that she will not be compensated for damages suffered in the accident.

"On February 8, 2008, at around 1:00 pm, I was traveling south on Laramie Avenue," Elois says. "I was driving my dad's car. When I got to Laramie and Augusta, the traffic was heavy traveling north and south and the light was red. I was the second car waiting for the light to change. When the light changed, the car in front of me took off and I went behind him. As I entered the intersection a car came from west on Augusta and struck me on the front, right side of the car. The car was immovable."

Elois says that she was told by an officer at the accident scene that the woman who hit her was driving with out-of-date insurance papers, although someone later claimed that the woman had current insurance papers but did not have them with her. She also says that she asked the woman if she knew she had run a red light, but the woman did not respond.

Immediately following the accident, Elois says she had some pain in her leg, but did not want to leave her father's car unattended at the scene, so she did not go to the hospital. Over the next few days she noticed headaches and went to the doctor to get checked out, fearing a concussion. The doctor determined that Elois had not suffered a concussion, but was likely suffering stress as a result of the accident. The doctor ran some blood pressure tests and concluded that Elois' blood pressure was far too high—a result of stress—and had Elois treated for her high blood pressure before releasing her that same day.

However, Elois' problems were not over. She says that the driver of the other car tried to blame her for the accident, and even an initial police report said that she was responsible. It took days of running back and forth between police stations to finally obtain a proper copy of the accident report, and Elois says she was told at least once that no such report even existed. It was not until Elois pushed hard to speak to an alderman about the situation that she was given the accident report—and it blames the driver of the other car for the accident.

"There was a car in front of me at the red light," Elois says. "I couldn't have run a red light because that car was there. When the light turned green, the car in front of me moved and then I did. As I got in the intersection, I was hit by the other car.

"Since the accident, my dad has passed away [not related to the car accident]. The insurance company thinks that because he is gone, they can get out of paying for the totaled car. They are still responsible for the car. I was lucky—I wasn't injured. The only damage I suffered was my dad's car being totaled, but they are trying to get out of paying for that because he is deceased. That woman is responsible for the car being totaled.

"Neither of us [Elois nor the other driver] was given a citation at the scene. There was no Breathalyzer taken from either of us, so I don't know if she was intoxicated or not. I just know that she struck me—I didn't strike her. She is responsible for the accident."

If you or someone you love was harmed in a car accident, or if your vehicle was damaged in an accident, contact a lawyer who can navigate the legal system on your behalf. There is usually a lot more to a car accident than meets the eye and it can take months to figure out who is responsible for the accident and what the exact damages are.