I retained Paul Padda after firing my other lawyer. Best decision I ever made! He did a fantastic job for me in handling my personal injury case. Always courteous and cares about his clients. Great office staff that cares about people. With Mr. Padda, I felt comfortable every step of the way. My first choice for a lawyer!
Paul Padda is a great attorney that cares about his clients. I hired him and was impressed. Very good in court and handled my case really well. He took the time to understand my case and cared about me as a person. He would be the first person I call if I need an attorney again.
Overview
Navigating the Aftermath of a Chicago Crash
Driving in Chicago is not for the faint of heart. Whether you are navigating the gridlock on the Kennedy (I-90/94), merging onto Lake Shore Drive, or dealing with aggressive drivers in the Loop, the risk of a collision is a constant reality. When a crash happens, the confusion can be overwhelming. You are suddenly facing aggressive insurance adjusters, confusing medical bills, and physical pain, all while trying to get back to work.
At Paul Padda Law, we know that a car accident is more than just a legal case. It is a disruption to your entire life. We are your Recovery Team. We don’t just file paperwork. We act as a shield between you and the insurance companies that want to minimize your claim. Our goal is to handle the complex legal details of Cook County courts so you can focus entirely on healing.
Below, we have compiled the most frequently asked questions about Chicago car accidents. These answers combine legal expertise with practical advice to help you protect your rights immediately after a wreck.
Immediate Steps: What to Do on Chicago Roads
The actions you take in the first hour after a crash can determine the success of your case months down the road. The actions you take in the first hours after a crash can determine the success of your case months down the road. Chicago has specific rules and specific hazards that you need to understand to be able to protect yourself and your claim.When am I legally required to file a police report in Illinois?
You must file a police report if damages are significant or if anyone is hurt.
Under Illinois law, you are required to notify the police immediately if a crash results in:
● Bodily injury or death.
● Property damage exceeding $1,500.
● Property damage exceeding $500 if any driver involved is uninsured.
Given the cost of modern vehicle repairs, almost any collision beyond a minor scratch will meet the $1,500 threshold. When the Chicago Police Department (CPD) or Illinois State Police arrive, they will create an official crash report. This document is the foundation of your insurance claim.
Should I move my car after a crash on the Expressway (I-90/I-94)?
Yes, if it is drivable and you are in danger.
Illinois follows “Steer It, Clear It” laws. If no one is seriously injured and the vehicle can be driven, you should move your car to the shoulder or an emergency turnout to prevent a secondary collision. Standing on the shoulder of the Dan Ryan or the Eisenhower is incredibly dangerous. Stay inside your vehicle with your seat belt on until help arrives.
A Critical Warning on Towing:
Beware of “chaser” tow trucks. In Chicago, unsolicited tow trucks often show up at accident scenes before the police. Do not let a random tow truck hook up your car unless they have been called by the police or your insurance company. These predatory towers often charge exorbitant fees and may hold your car hostage, complicating your property damage claim.
Which Chicago hospitals treat car accident injuries?
If you are injured, your priority is medical care, not legal strategy. However, where you go matters for your health and your case. Chicago has several Level I Trauma Centers equipped for serious injuries, including:
● Northwestern Memorial Hospital (Streeterville)
● John H. Stroger, Jr. Hospital of Cook County (Medical District)
● Rush University Medical Center (Near West Side)
● Mount Sinai Hospital (Douglas Park)
Legal Insight: Even if you think you are “fine,” go to the ER or an urgent care facility immediately. Insurance giants like State Farm and Allstate look for a “gap in treatment.” If you wait five days to see a doctor, they will argue your injuries were not caused by the crash, or that you made them worse by waiting. Immediate documentation is your best evidence.
Fault & Liability: Illinois Laws Explained
Illinois liability laws can be unforgiving. Understanding who pays—and why—is essential for recovering your losses.
Is Illinois a “No-Fault” state?
No. Illinois is an At-Fault (Tort) state.
In a “no-fault” state, your own insurance pays for your injuries regardless of who hit you. In Illinois, the person who caused the accident is responsible. To get your medical bills and lost wages paid, you must prove the other driver was negligent.
What about MedPay?
You may have “Medical Payments” (MedPay) coverage on your own auto policy. This is optional coverage that pays your medical bills (up to a limit, usually $5,000 or $10,000), regardless of fault. Using MedPay does not raise your rates and can be a lifeline for covering deductibles while your lawsuit is pending.
What is the “51% Bar” rule in Illinois? (Modified Comparative Negligence)
Fault is rarely 100% on one side. Illinois uses a doctrine called Modified Comparative Negligence to handle shared blame.
Here is the rule: You can recover compensation only if you are 50% or less at fault.
● Scenario A: A jury finds the other driver 80% at fault and you 20% at fault (perhaps you didn’t signal quickly enough). Your settlement is reduced by 20%. If your damages were $100,000, you receive $80,000.
● Scenario B: A jury finds you 51% at fault. You receive $0.
Insurance adjusters know this rule intimately. They will try to twist your words to pin 51% of the blame on you so they don’t have to pay a dime. This is why you should never give a recorded statement without an attorney present.
What if I was hit by an uninsured driver in Cook County?
Sadly, a significant number of drivers in Chicago are uninsured or carry only the state minimums.
If you are hit by an uninsured driver, you will rely on the Uninsured Motorist (UM) coverage on your own policy. In Illinois, UM coverage is mandatory. Your own insurance company steps into the shoes of the at-fault driver.
● Does this raise my rates? Generally, no. Illinois law prohibits insurers from raising rates for not-at-fault accidents.
● Do I still need a lawyer? Yes. Even though it is “your” insurance company, they are still a business. They will try to minimize the payout just like any other insurer.
Settlements: Maximizing Your Compensation
The most common question we hear is, “What is my case worth?” The answer lies in the details of your suffering and financial loss.
How much is my Chicago car accident case worth?
Avoid online “settlement calculators.” They are marketing tools that cannot account for the nuance of your life. The value of your case is calculated using:
1. Economic Damages: Hard costs like past and future medical bills, lost wages, and vehicle repair.
2. Non-Economic Damages: Pain and suffering, emotional distress, and loss of normal life.
3. The Venue: Cook County courts are historically known to be fair to plaintiffs, often resulting in fairer verdicts than surrounding counties, but only if the evidence is presented correctly.
Will my health insurance pay for my medical bills?
Yes, usually. However, there is a catch called Subrogation.
If Blue Cross, UnitedHealthcare, or Medicare pays $50,000 for your surgery, they have a “lien” on your future settlement. When you win your car accident case, they legally demand to be paid back from your settlement money.
How we help: Part of our job at Paul Padda Law is to negotiate with these lienholders. We fight to reduce the amount you have to pay back to the health insurance company, ensuring more money stays in your pocket.
Should I accept the insurance company’s first offer?
Almost never.
Adjusters often make a “lowball” offer within days of the accident, hoping to catch you while you are vulnerable. They might offer $2,000 for your “inconvenience.”
If you accept this check, you sign a release of liability. If you wake up a week later with severe back spasms requiring surgery, you cannot ask for more money. Your case is closed forever. You should never settle until you reach Maximum Medical Improvement (MMI), the point where your doctor says you have healed as much as you are going to.
Specific Chicago Crash Scenarios
From the CTA to rideshares, Chicago traffic involves more than just private cars.
How do I sue if I was hit by a CTA Bus or Train?
Accidents involving the Chicago Transit Authority (CTA) are very different from standard car crashes. The CTA is a government entity which gives them special protection.
The One-Year Rule:
While standard injury cases have a two-year deadline, you must file a lawsuit against the CTA within one year of the accident. Furthermore, there are strict notice requirements that must be filed within six months. If you miss these expedited deadlines, your case is dismissed. Do not wait to call a lawyer if a bus or train was involved.
Liability in Uber/Lyft accidents downtown
Rideshare liability depends entirely on what the driver was doing at the exact moment of impact.
● App Off: The driver is just a regular citizen. You must sue their personal insurance (which may deny the claim if they were “working”).
● App On (Waiting for a Ride): Uber/Lyft provides limited liability coverage (typically $50,000 bodily injury / $100,000 total).
● Active Trip (Passenger in car): The company provides a $1 million commercial policy.
We help you navigate these “coverage tiers” to find every available dollar of insurance money.
Who is at fault in a multi-car pileup on an icy road?
Chicago winters are notorious. When black ice causes a 10-car pileup on the Kennedy, insurers often try to claim an “Act of God” to avoid paying.
However, drivers have a duty to drive safely for the conditions. If the speed limit is 55 mph, but the road is icy, driving 55 mph is negligent. We use accident reconstruction experts to prove who triggered the chain reaction. In Illinois, “Joint and Several Liability” laws may allow us to collect compensation from multiple drivers involved in the pileup.
Hiring a Lawyer & Costs
What is the Statute of Limitations for personal injury in Illinois?
For most car accident claims in Illinois, the Statute of Limitations is two years from the date of the crash.
● Injury Claims: 2 Years.
● Property Damage Only: 5 Years.
● Minors: If a child is injured, the two-year clock typically does not start ticking until they turn 18.
Why urgency matters: Even though you have two years, evidence disappears in days. Traffic camera footage in Chicago is often overwritten within 72 hours. Witnesses move or forget details. The sooner you hire a lawyer, the sooner we can secure the evidence.
Do I really need a lawyer for a minor crash?
If your accident involved no injuries and only minor scratches to your bumper, you likely do not need an attorney. You can handle the property damage claim directly with the insurer.
However, if you felt any pain, visited a doctor, or missed work, hiring an attorney is statistically likely to increase your net compensation.
We operate on a contingency fee basis.
● No Upfront Fees: It costs $0 to start your case.
● We Advance Costs: We pay filing and expert fees. .
● No Win, No Fee: We are only paid a percentage of the settlement we win for you.
Let Us Handle the Fight. You Focus on Healing.
The insurance companies have teams of lawyers working to protect their profits. You deserve a team dedicated to protecting your future.
From the Loop to the suburbs, Paul Padda Law is Chicago’s Recovery Team. We know the local courts, the local laws, and the tactics insurers use to deny Chicago claims. Don’t navigate this complex process alone.
Call our Chicago office now at (312) 702-7000.