Car Accident Lawyer in Aurora

Shammas Law

Most Illinois injury lawsuits must be filed within two years of the crash under 735 ILCS 5/13-202. The deadline drops to one year when a government body is involved, which covers City of Aurora vehicles, school districts, and transit agencies such as Pace, and some of those claims require written notice even sooner. Filing an insurance claim does not pause either clock.

It depends on where in the city the crash happened. Aurora crosses DuPage, Kane, Kendall, and Will counties, so the same city can send cases to circuit courts in Wheaton, Geneva, Yorkville, or Joliet. Downtown and most of the west side fall in Kane County. Getting venue right at the outset avoids losing months to a transfer.

Yes, as long as your share of the fault is not more than 50 percent. Illinois follows modified comparative negligence, so your recovery is reduced in proportion to the fault assigned to you. At 51 percent you recover nothing, which is why insurers work so hard to push your percentage up in the early weeks of a claim.

The Aurora Police Department Records Division handles traffic crash report requests, and reports are also available through the department’s online portal once the officer has filed them. You will need the date of the crash and the last name of someone involved, and the report number speeds it up considerably. Reports typically take several days to become available.

Your own policy may cover it. Illinois requires every auto policy to include uninsured motorist bodily injury coverage of at least 25,000 dollars per person and 50,000 dollars per accident, and that coverage applies to hit and run crashes as well. Underinsured motorist coverage fills the gap when the at fault driver carries a policy too small to cover your injuries.

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