Author: robertedenslaadmin

Thousands of accidents happen every day – fortunately, a majority of them result in minor damages with no physical harm, while some of them cause serious bodily injury and property damage. However, if you are involved in an accident as a passenger, you may not know how you can get compensation for their injuries. Generally, passengers have several options at their disposal for making a claim to recover damages.

Determining Fault and Liability

Typically, it is easy for a passenger to determine fault and liability than a driver bringing a claim against the other driver. This is because passengers do not bear the burden of proving liability – it is understood that one of the drivers is liable, and the plaintiff has to prove it with the help of their personal injury attorney.

The plaintiff needs to establish two things to make a claim: liability and extent of damages. If it was a one car accident, then it is obvious that the driver is liable. For example, hitting a stationary car in a parking lot or crashing into a tree. In such a case, the driver either failed to take appropriate actions to avoid the accident or did something that caused the accident.

If the accident involved two cars, it is natural for one of the two drivers to be liable. It is a rare occurrence for both drivers to be equally responsible for the accident, and hence you can make a claim against the at-fault driver when fault has been established.

If more than one passengers were injured in the accident, all of them can file a claim against the negligent driver. However, each passenger would have to settle for a portion of the total settlement amount if it exceeds the at-fault driver’s insurance limit.

Filing a Claim for Compensation

The passenger has the legal right of making a claim against the insurance policy of the driver with whom they were riding, if they are found to be at-fault. They can recover damages such as present and future medical expenses, lost wages, and some of the non-economic damages, based on the particular situation, up to the policy’s limit.

However, if the passenger is related to the driver, like a sibling or child, special rules may apply. Generally, insurance policies do not provide coverage to injured people who are related to the driver. This is because the claim would then be considered as providing coverage to its own insured driver. In other words, it is not possible to file a liability claim against one’s own auto liability insurance. If the other driver was responsible for the accident, the passenger can make a claim on their policy, or in case of the related driver, they may turn to their own insurance.

While it is relatively easy for a passenger to make a claim against the at-fault driver, legal situations tend to become complicated. It is best that you retain the services of an experienced auto accident attorney to help you with your case. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Generally, auto accidents happen when one or both drivers acted negligently, resulting in a collision. However, sometimes when a driver is driving responsibly and safely, they face an unexpected and sudden event that was beyond their control, causing the accident. For example, the driver getting an unexpected seizure, causing them to lose consciousness and crashing into another vehicle. In such a situation, it can be difficult to determine who is responsible for the property damage and bodily injuries.

If you have been in an accident where the other driver suffered from an unexpected medical emergency, the court may deal with your case under the sudden emergency doctrine.

Understanding Medical Emergency Defense and How it may Affect your Case

If you have been involved in a car accident where the other driver was at fault, you can hold them liable for damages. However, if the crash occurred due to an unexpected or unforeseen medical emergency, it may be considered as an Act of God. This is a potential defense that is acceptable in the state of Illinois and can be used to relieve the defendant from liability of the accident.

In order for a defendant to use the medical emergency defense, they must be able to establish that:

• They were rendered unconscious before the accident or crash happened
• The loss of consciousness was unexpected – meaning that they should not have been in and out of consciousness before the accident, as any responsible would have pulled over in such a condition.
• The loss of consciousness and hence control over the vehicle caused the accident

Another important aspect is that the loss of consciousness was unforeseen. This is generally the most contested element of such a case. Sometimes, people have medical conditions that pose the danger of such medical emergencies and require them to avoid engaging in activities, like driving or using heavy machinery. The plaintiff’s attorney may obtain your medical records, request a complete checkup from a court approved physician, and use expert witnesses to bring a personal injury claim.

What Qualifies as a Sudden Medical Emergency?

Some unforeseeable medical complications that may allow defendants to ward off liability arising from personal injury claims include:

• Bad reactions to medication
• Strokes
• Fainting
• Heart attack
• Mental delusions
• Diabetic episodes
• Seizures
• Unexpected drop or increase in blood pressure

Getting Compensation for Damages in a Sudden Medical Emergency Case

If the defendant is able to establish a sudden medical emergency defense, it can be difficult for you to recover damages by filing a lawsuit or making a claim on the at-fault driver’s insurance policy. It is likely that you will have to resort to making a claim on your own insurance policy, and get compensation for damages up to its limit. However, there is a chance that your insurance company may deny your claim, giving the same reason as the defendant that it was an Act of God.

It is essential to work with an experienced auto accident attorney in such situations, as they can come up with ways to get compensation for your damages. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation and discuss your case.

Also known as insurance fraud, bad faith is the term used in cases where the consumers and businesses have been mistreated by insurance providers. Bad faith claims arise when an insurance company wrongfully denies a potential claim and refuses to pay the insured, leading to the violation of the insurance policy terms and conditions. Unfortunately, it is a common occurrence in personal injury cases, like auto accident claims, depriving the victim of the coverage to the damages they sustained during the accident.

Understanding Insurance Bad Faith Claims

If an insurance provider violates any laws of Illinois pertaining to insurance claims or fails to justify the obligations that have been stated in the policy, it is said that it has acted in bad faith. Some examples of bad faith of insurance companies include:

• Changing terms of your policy without notifying you, and negotiating your auto accident claim based on the new policy
• Intentionally misconstruing the terms of your policy to reduce or deny your auto accident claim
• Engaging in fraudulent or illegal activities
• Using tactics to delay your claim or make the case go on for long to benefit from judicial loopholes
• Not performing investigation of your accident, and determining the claim amount based on incomplete documentation and facts
• Forcefully convincing you into obtaining cheaper and less effective medical treatments by claiming your policy does not cover the expensive ones, even it does
• Purposely withholding information that can benefit you in order to avoid paying the full or fair amount of your auto accident claim

However, it is not necessary if your claim has been denied, the insurance company is acting in bad faith. A simply assessment mishap or error leading to reduce claim amount is enough to constitute as bad faith. If you want to file a bad faith claim, you must be able to prove that the insurer ignored potential evidence, tampered the policy terms, or failed to conduct a thorough investigation to gather evidence.

What Damages are Available in Bad Faith Cases

While most states allow a tort claim for bad faith, Illinois does not. Instead, violation pertaining to insurance claims are governed by 215 ILCS 5/155 of Illinois compiled statutes. Under this law, if an insurance company has been engaged in fraudulent acts or unreasonably delay the settlement of a claim, the court may order the insurer to pay attorney fees, along with the penalty amounting up to 60 percent of what the plaintiff is entitled to recover, or $60,000, or the excess of the amount that the company offered the plaintiff in settlement prior to the action.

Since bad faith claims are complicated and confusing, it is recommended to work with an experienced and reliable auto accident attorney who can provide legal assistance for your case. They will guide you through the process, provide a realistic assessment, and prepare for trial to ensure you get what you rightfully deserve. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Ridesharing services have become a preferred means of transport for many people, due to the reliability convenience, and low costs they offer to customers. Uber is among the most established ride-sharing programs in the United States known for successfully completing thousands of rides daily. It has been found that Uber completed its 2 billionth ride in Christmas 2015, which was its sixth year in the ridesharing industry. Considering the large number rides it completes every day, there are high chances of Uber drivers to be involved in auto accidents, leading to property damage and injuries.

So, what happens if you are riding an Uber and it has met an accident? If you are injured in the accident, who will be liable to pay for your injuries? It is important that you know what to do when seeking compensation for your damages that you are entitled to receive in case of an Uber accident.

Uber’s Insurance Policy – How it Works

People driving under the banner of Uber are not considered as its employees – instead they are independent contractors. These drivers are required to have third party liability insurance before they can use the ridesharing program and its app to earn money. Apart from this, Uber also has a contingent liability insurance coverage that offers compensation to injured customers under specific circumstances, such as:

If a Driver is Waiting for a Passenger

If the Uber app is turned on but there is not a passenger assigned or riding with the driver, there is a chance that the contingent liability insurance coverage may come into effect and pay the damages to the customer. However, this policy will act as a secondary insurance coverage, and will only apply when the driver’s third party liability insurance has been expended. It may provide coverage of up to $100,000.

If a Driver is with a Passenger

When a driver is on its way to pick up a customer or the ride has already started, the Uber becomes a commercial vehicle. This means that if an accident occurs during the commute, the contingent policy will come into effect, and provide coverage of up to $1,000,000.

If a Driver is “Off the Clock”

When the app is turned off, this means that the driver is not taking any passengers or is off the clock, and is not working for Uber at that time. If an Uber is in accident in such a situation, only the driver’s third party insurance and other liability insurances will be applied to cover for the damages. This is because the car is not a commercial vehicle at the time of accident, and hence is not the responsibility of the company.

People involved in an accident while riding an Uber are generally confused as to whom they should hold liable to obtain compensation for their injuries. It is best that you work with experienced auto accident attorney who will help you understand your situation and provide you effective solutions. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.