Car accident pain and suffering (Illinois)

[meatball77]

So I was involved in an auto accident with another adult and 3 minors in my car in Illinois. It was a 5 car accident and the motorist who was at fault was uninsured. Am I able to file a claim with my auto insurance for pain and suffering damages? If so how can I go about doing that?

 

[adjusterjack]

Am I able to file a claim with my auto insurance for pain and suffering damages?

Yes.

If so how can I go about doing that?

Read this booklet:

https://www.tresslerllp.com/docs/default-source/Publication-Documents/updated_overview_of_um_uim_coverage_in_il.pdf?sfvrsn=0

Then read the Uninsured Motorists coverage part of your policy to find out what your contractual obligations are to your insurance company.

Then call your insurance company claims department and report the accident and your desire for compensation.

Now for some details.

What types of injuries did you and your passengers (they can all claim on your policy) sustain?

Any medical treatment?

 

[meatball77]

We all had to take an ambulance ride to the hospital to get checked out. That was a 7 hour ordeal. A minor in the vehicle cut her ear. The minors are afraid to get into a vehicle without the fear of looking over their shoulder of being rear ended again. The 2 adults had bruises and back pain. We have no rental coverage and were down to one car for 3 months while the car was being repaired which made it difficult to commute to work and school.

 

[adjusterjack]

Well, you're mistaken if you think there is a lot of money in there for pain and suffering. There isn't, and there may be none.

Your UM coverage or Auto Med Pay should reimburse you for the bills.

That was a 7 hour ordeal.

That's normal for ERs. No money in that.

A minor in the vehicle cut her ear.

It'll heal. Might be a hundred or two for the kid.

The minors are afraid to get into a vehicle without the fear of looking over their shoulder of being rear ended again.

There's no money in that unless you want to pay a shrink to treat whatever emotional after-effects might occur.

The 2 adults had bruises and back pain.

Bruises, no. Back pain is usually just muscle spasms that go away in a couple of weeks with muscle relaxers and motrin. No money there unless there is a need for continued medical treatment. In other words, if you want P & S money you have to pay doctors for ongoing treatment of injuries.

We have no rental coverage and were down to one car for 3 months while the car was being repaired which made it difficult to commute to work and school.

No money there either.

 

[Al3x Lee]

You can negotiate with your adjuster to try and settle or hire a personal injury attorney. I've had this exact situation, but with more severe injuries to me. Almost a year of physical therapy.

I received a small settlement from my insurer. It wasn't substantial.

 

[rolfshepard]

Really, the pain and suffering someone faces in an accident are far worse than any monetary cost. However, the person responsible for the accident should bear all medical expenses. This way, they might drive more safely next time and avoid injuring others. I pray for the speedy recovery of your child.

 

[fed up]

Rolf, lay off the advice until you can add something to a current column

 

[SUNus]

If the driver who caused the accident was uninsured, you might still be able to file a claim through your own insurance under your uninsured motorist coverage. Pain and suffering damages can be trickier, but it's worth asking your insurance about what's covered. If you're unsure about how to approach it, a good lawyer can help guide you through the process. I know levarlaw.com has experience with cases like this and could make sure you're not missing out on anything you're entitled to.