Articles Posted in Uninsured Motorist Claim

Not every personal injury case settles without a fight and we often have to go to court or arbitration to obtain the best results for our clients.

This claim arises out of an automobile collision which took place on September 11, 2011 at approximately 1:29 a.m. Our client was injured when the automobile she was riding in was involved in a collision. The at fault motorist, who was uninsured, was driving the plaintiff.

Our client had her own policy of insurance so our law office pursued an uninsured motorist claim.

The vehicle was traveling eastbound on Sibley Boulevard in Calumet City, Illinois, approaching its intersection with Madison. The driver failed to yield while attempting to turn left into a restaurant driveway just before the intersection with Madison when it was not clear to do so. His car was struck by a westbound vehicle. The force of the impact was strong enough to jerk our client forward and backward in her seat.

The Calumet City Police Department responded to the scene of the collision. After speaking with both parties, the police determined the driver of the plaintiff’s vehicle was at fault for the collision.

Following the accident, the plaintiff had an immediate onset of neck and back pain.

She sought treatment from John H. Stroger Hospital’s Emergency Department the same day as the collision. At the Emergency Department, a history was taken, she was examined, and diagnostic tests were performed. She complained of back pain that was worse on her left side and radiated to her upper back. On exam, she had muscle tenderness over her cervical and lumbosacral spine. She was diagnosed with a back sprain/strain, prescribed pain medication, and instructed to seek follow up care.

Due to ongoing and increasing pain, the client sought follow up treatment with a doctor on September 27, 2011. At that time she continued to complain of constant neck pain and back pain that interfered with her ability to work and sleep. A history was taken and she was examined. She had limited range of motion in her cervical and lumbosacral spine, tenderness to the touch in her neck, upper shoulders, and back, and muscle spasms. She also had some point tenderness and pain to both sacroiliac joints. She was diagnosed with lumbar spine strain/sprain, cervical spine strain/sprain, insomnia, and stress and anxiety related to her other injuries.
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Injury lawyers from Abels & Annes have reached a $20,000 insurance policy limits settlement with a defendant’s insurance carrier, and we are now pursuing a greater amount with an underinsured motorist claim.

This type of case happens very frequently in the State of Illinois. Sometimes a negligent driver carries auto insurance as required by law, but unfortunately $20,000 (Illinois minimum coverage) is not enough to fairly compensate an accident victim for his or her damages.

After recovering a defendant’s insurance policy limits, our office next explores an underinsured motorist claim. If our client carries a larger insurance policy, we will pursue funds under said insurance policy.

In the case below, we will be going after our clients own $100,000 policy.

This claim arises out of an automobile collision which took place in February, 2012. Our client operated her motor vehicle with her headlights on, the roadway was lit by street lights, the road was straight and flat and visibility was good.

She operated her motor vehicle southbound on Wolf Road, in North Lake, Illinois, approaching its intersection with Fullerton. The defendant operated his motor vehicle northbound on Wolf Road approaching its intersection with Fullerton. Both the north and south bound lanes of Wolf Road had a green light. My client was traveling at approximately 35 miles per hour.

The other driver failed to exercise due caution and proceeded to make a left turn in front of my client’s motor vehicle to go westbound on Fullerton when it was not safe to do so. The plaintiff applied her brakes but was unable to stop her motor vehicle and a collision occurred. At the time of the collision the client was wearing her safety belt and had both hands on the steering wheel. Upon impact she was thrown about in her seat belt and her airbag deployed striking her in the face and torso. The force of the impact of the collision injured her.

Both of the automobiles were towed from the scene of the occurrence.

The at fault driver failed to yield the right of way when making a left turn, failed to keep a proper lookout, failed to stop for oncoming traffic, failed to exercise due caution when making a left turn, and failed to exercise due care for the safety of those in the area.

Following the collision the plaintiff had a swollen lip with abrasion, right arm bruising and minor discomfort in her abdomen along the pelvis. She was transported to the Gottlieb Memorial Hospital Emergency Department via ambulance where she complained of headache, swelling and pain in her arm and lip. A CT scan was taken of her head to evaluate for trauma and x-rays were taken of her right arm and pelvis. She was prescribed Vicodin for pain and instructed to stay home from work the following day and seek follow-up care with a physician.

Over the next week our client noticed her symptoms worsened rather than improved and in February, 2012, she sought treatment with the doctor she was referred to. She complained of neck pain, headaches and left shoulder pain. A history was taken, she was examined, and diagnostic tests were performed. She was diagnosed with cervical strain, thoracic strain and left shoulder entrapment. She was given prescriptions for Naproxen and Flexeril and instructed to begin a course of physical therapy.

The plaintiff began physical therapy in February. Her most prominent complaint was of pain in her left shoulder. While she was undergoing physical therapy, she continued to follow up with her physician. At the end of February an MRI of the left shoulder was ordered due to her continued complaints of pain.

The scan showed a left shoulder partial supraspinatus tear and left shoulder strain and she was then sent for orthopedic evaluation.

In April, she saw an orthopedic surgeon for evaluation. A history was taken, she was examined, and diagnostic tests were performed. She complained of sharp and aching pain in her left shoulder which radiated down her arm. She was advised to continue physical therapy and return in four weeks for evaluation.

She underwent 33 physical therapy sessions. In May, 2012 it was determined that she has reached maximum medical recovery and she was discharged from care and given a plan of home physical therapy.

Medical expenses incurred by our client for treatment of the injuries she suffered as a result of the negligence of the defendant were over $18,000.

Despite the treatment she has undergone, she continues to suffer from intermittent pain and discomfort in her left shoulder. This pain has greatly affected her life. As a result of her injuries she is unable to engage in many activities she enjoyed prior to the collision, and those activities she can engage in cause her pain and she cannot participate as she did prior to the collision.

Her pain is aggravated by heavy lifting, repetitious activities, and sleeping positions. Any activities that involves turning, twisting, or bending at the shoulder area can be difficult and painful. Furthermore simple activities such as household chores, shopping and a wide variety of activities of daily living are limited and painful.
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Illinois injury lawyers at Abels & Annes are hard at work on a car crash claim for a local resident. The case arises out of a collision which took place on August 23, 2011 at approximately 9:07 a.m. The plaintiff was injured when the automobile she was riding in was involved in a collision with an uninsured motor vehicle.

Our client was driving her 2008 Scion westbound on Ferdinand, approaching its intersection with Pulaski in Chicago, Illinois. At that time a driver in a 1997 Buick LeSabre was being pursued by police officers at a high rate of speed. The uninsured driver was traveling northbound on Pulaski and turned abruptly eastbound on Ferdinand. The Buick crossed the center line and hit the client head-on at a very high speed.

Our client was thrown backward and forward in her seat and hit her face on the airbag. The entire incident was witnessed by a Chicago Police Officer who was responding to the high-speed chase. The responding officer determined the uninsured driver caused the collision by operating her vehicle in an erratic, reckless, careless, negligent or aggressive condition.

The uninsured driver failed to keep a proper lookout, failed to stop and/or reduce her speed to avoid a collision, traveled eastbound in a lane marked only for westbound traffic, drove in an erratic and reckless manner, and failed to exercise due care for the safety of those in the area, including the plaintiff.

This accident is just another example of why it is so important to carry auto insurance with uninsured motorist coverage. There is an ongoing and alarming trend of motorists in Illinois driving without insurance. We see more and more of these accidents at our office.

Following the collision, the client had an immediate onset of pain. She was transported from the scene of the collision by ambulance to West Suburban Hospital in Oak Park, Illinois. Upon arrival at the Emergency Department, a history was taken, she was examined, and diagnostic tests were performed. She complained of a severe headache and pain to her right wrist. On exam, she had a burn to her right forearm and a head injury. She underwent a head CT scan which revealed no acute intracranial abnormalities. She was prescribed pain medication and instructed to seek follow up treatment from a doctor.

Due to ongoing and increasing pain, the plaintiff sought follow up treatment with a medical doctor on September 1, 2011. At that time, she complained of constant, sharp pain along her neck as well as sharp lumbar pain that radiated to both of her legs. She has lupus and had some difficulty walking before the collision but the pain in her lower back made walking significantly more difficult, and at times, impossible without the assistance of a cane or walker. A history was taken and she was examined. She had pain in her paracervical muscles in her neck as well as lower back and muscle spasms. The physician diagnosed her with a sprain and strain of the cervical and lumbar spines. He ordered x-rays of her cervical and lumbar spines and instructed her to begin a course of physical therapy.
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Illinois car crash lawyers at Abels & Annes are currently representing a Dolton, Illinois resident who was injured in an accident.

This claim arises out of an automobile collision which took place at or near the intersection of Lincoln and Dorchester in Dolton on August 11, 2011, at approximately 3:51 p.m. The plaintiff was riding as a passenger in a 2005 Toyota Sequoia being driven by an acquaintance. He was injured when the automobile he was a passenger in was side-swiped by a vehicle driven by an uninsured motorist.

The Toyota was moving northwest on Lincoln near its intersection with Dorchester. The vehicle stopped in the left-most lane, signaling a left turn into US Bank. At this location, left turns are permitted and there is no separate left turn lane for turning into the bank.

At that same time, another vehicle, in 1999 Ford Explorer, was traveling northwest on Lincoln near its intersection with Dorchester. That vehicle disregarded the turning vehicle and passed the vehicle on the left. The other driver drove northwest in a lane designated for southeast traffic only. As the Ford Explorer passed by driving on the wrong side of the road, the other driver struck the driver’s side of the Toyota with the passenger side of her car.

The force of the collision threw our client back and forth inside the car. His right shoulder struck the passenger door and his left wrist struck the center console.

The other driver failed to keep a proper lookout, improperly used lanes of traffic, improperly passed on the left, failed to yield the right of way, failed to stop and/or reduce the speed of her vehicle to avoid a collision, was driving at an excessive rate of speed, and failed to exercise due care for the safety of those in the area, including the plaintiff.

The accident was investigated by the Dolton Police Department. After interviewing the parties involved, they determined that the Ford driver was at fault.

Unfortunately, the driver of the Ford Explorer was operating a vehicle without valid auto insurance. Due to this fact, our office is pursuing an uninsured motorist claim against the Toyota owner’s insurance policy. Click here to read more about Illinois uninsured motorist claims.

Following the collision, the plaintiff had an immediate onset of back, shoulder and wrist pain.

Shortly after the collision, the client sought medical treatment at a doctor’s office. There, he complained of right shoulder pain and lower back pain. A history was taken and a physical examination was performed. On exam, he had pain on palpation of his lower back, pain in his right shoulder and decreased range of motion in his shoulder. He was diagnosed with a low back sprain and a right shoulder injury. He was prescribed muscle relaxants, instructed to take pain medication and told to follow up for additional treatment.

Due to ongoing and increasing pain, he returned to the physician on August 23, 2011. At that time he continued to complain of pain in his right shoulder and lower back. He was instructed to continue his medication and to return for follow up care.
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