Frequently Asked Questions About Hit and Runs in Illinois

In this article we will be going through some of the basics of some of the most frequently asked questions after an Illinois hit and run incident. A hit and run accident is not something that anyone anticipates ahead of time, but having the answers to some of these issues at the forefront of your mind as events unfold can help you take quick, informed action as necessary if you find yourself in an accident. Read on for some general information: for official, tailored legal counsel on any personal injury case, contact a respected personal injury attorney with Patel Law, PC.

What if We Can’t Identify the Driver?

Illinois law allows victims of hit and run accidents to file a claim under their own car insurance if a hit and run driver is never identified. Most drivers carry uninsured motorist coverage, which can help to cover medical bills, lost wages, and many other costs associated with such a hit and run vehicle accident. You should check, however, whether your policy also extends to vehicle repairs/collision coverage. These costs may not be covered under the same “umbrella” of coverage.

Is There a Difference Between Criminal Claims and Personal Injury Claims?

If the hit and run driver is later identified you should be able to pursue a personal injury claim. It is important to remember that a criminal case is separate from a criminal proceeding. Even if a criminal case is pursued by authorities, civil cases need to be pursued separately, to recover claims for damages.

Pursuing a personal injury claim may allow victims of a hit and run accident to recover from past and future medical expenses, lost income, pain and suffering, etc.

What are the Penalties for Hit and Run Drivers in Illinois?

Illinois law treats hit and run offenses seriously. The Illinois Vehicle Code states that a driver who leaves the scene of an accident may face criminal charges. Penalties vary, and are based upon the severity of the crash:

• Property damage only: is a class A misdemeanor, and faces up to 1 year in jail and fines
• Injury: if injury is caused the incident can be classified as a class 4 felony, resulting in years of prison fines and thousands of dollars in fines.
• Death: results in class 2 felony designation, and up to 14 years in prison, along with thousands of dollars in fines.

How Long Do I Have to Make a Claim?

In Illinois the statute of limitations for pursuing personal injury claims will generally be two years from the date of the accident. However, details matter in these instances. Waiting too long to assert a claim can jeopardize your legal rights. First and foremost, waiting too long can bar your case from moving forward at all. Even if a case is filed in time to reserve the right to pursue it, evidence may become unavailable the longer you take to pursue and preserve it. Acting quickly is important in preserving your rights, and the evidence you need to assert and prevail in your claim.

Contact Us Today for Help

It is quite understandable that in the wake of a hit and run accident, victims may feel shocked, unsure of what to do or where to turn. It is the mission of our experienced Danville personal injury attorneys to help our clients in protecting their rights and pursuing the just compensation they need after an accident. Contact our experienced legal team at Patel Law, PC today to begin working with our team.

Sources

ilga.gov/Documents/legislation/ilcs/documents/062500050K11-401.htm

abc7chicago.com/post/pedestrian-killed-riverdale-hit-run-146th-street-indiana-avenue-1-custody-police-say/18338007/