Articles Posted in Automobile Insurance

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On January 27, 2025, Block Club Chicago reported that a woman was walking across an intersection at Chicago Avenue and Oakley Blvd. in Chicago when she was struck and killed 2022 Mitsubishi Eclipse that fled the scene without stopping. According to a witness, the pedestrian women was walking westbound across Oakley Boulevard when the driver came to a stop for a red light and then proceeded to make a right on red when they struck the pedestrian.

The personal injury lawyers of Zneimer & Zneimer P.C. have observed from personal experience that drivers making a right on red is a leading cause of pedestrian injuries.  Statistics also indicate right on red has lead to an increase of pedestrian injuries.  A 1982 study by the U.S. Department of Transportation found that after the adoption of permissive right-turn-on-red laws, pedestrian accidents increased by 43% to 107%, and bicyclist accidents rose by 72% to 123%. Over half of these incidents involved vehicles turning right on a red signal.  In general, according to the Governors Highway Safety Association, pedestrian deaths rose 77% from 2010 to 2022.

Many cities have been re-examining the utility of right on red laws in light of the push for safer intersections for pedestrians.   Washington, D.C. has adopted a ban on right on red beginning in 2025. New York City has banned right on red for most of the city.  Ann Arbor, Michigan, has prohibited right turns on red in its downtown area. San Francisco has also implemented restrictions in the downtown area and in most all cities in Europe, right on red is not allowed.

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Written and reviewed by Peter Zneimer, Zneimer & Zneimer P.C.

The number of fatal or serious injury crashes in some Chicago neighborhoods is shocking and would be surprising to people living in those neighborhoods.  According to the Chicago Department of Transportation’s annual traffic crashes report, there were an astounding 135 serious or fatal traffic crashes in the Austin neighborhood, 56 in Belmont Cragin, 50 in Portage Park.  Jefferson Park had only 8 and Hermosa and Forest Glen had 12.  According to Chicago statistics, 84% of the traffic fatality cases in 2023 involved reckless or egregious driving behavior.  From personal experience, the personal injury lawyers of Zneimer & Zneimer P.C. can attest that many of the cases we handle involve defendants who caused accidents by driving recklessly, by driving at excessive speeds, by testing and driving or other such dangerous driving practices.

Reckless driving can include various dangerous behaviors, including excessive speeding, aggressive lane changes, running red lights, and driving under the influence. In Chicago, with the dense traffic conditions and the presence of pedestrians, such driving is much more likely to lead serious injuries.

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Written and Reviewed by Peter Zneimer, Zneimer & Zneimer P.C.

You are stopped at a red light when out of the blue you are rear-ended by an SUV.  Your car is badly damaged and you are injured and taken to the the emergency room in an ambulance. The liability is clear that it is the other drivers fault.  However, there is one big problem.  The other driver is uninsured. The Chicago personal injury lawyers of Zneimer & Zneimer P.C. unfortunately run into this situation quite often. With the cost of auto insurance rising, more people have trouble paying for auto insurance and are choosing to drive with out protection.  According to Insurance Research Council (IRC) in 2022, 14 percent of drivers in the USA did not have insurance coverage.  In Illinois the number of people driving without insurance is slightly higher, at 16.3%.

In Illinois, driving without insurance is against the law and if you are caught, could lead to a ticket.  The fines a Judge can levy may be substantial.

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Written and reviewed by Peter Zneimer of Zneimer & Zneimer P.C.

As Chicago personal injury lawyers with over 20 years of experience, Zneimer & Zneimer P.C.  has witnessed a constant rise in the cost of medical treatment, car repairs and used cars and new cars over the years. However, during that 20 years, the minimum insurance coverage required by the state of Illinois has risen from $20,000 to $25,000 per person with the maximum of $50,000 coverage per car if there are passengers who were injured.  While some people opt for the $25,000 coverage policy because it is the cheapest, it is also the riskiest. If you get into a crash that is your fault and the other driver is injured and needs to be taken to the hospital via ambulance and the requires physical therapy the medical damages alone can quickly reach that $25,000 policy limit.  That is not even counting the additional damages of wage loss, pain and suffering and loss of a normal life that the other driver may be entitled to.  If the damages to the other driver far exceed your policy limit of $25,000 and you own significant assets such as stocks, a bank account and a paid for house, nothing prevents the other driver from rejecting the $25,000 policy and going after your personal assets.  If you do not have any assets, then there is less risk in purchasing the minimum policy, but if you do own assets then you can rest easier with a large policy limit.

The personal injury lawyers of Zneimer & Zneimer, P.C. often have clients who were in an accident and the other at fault party in the other car either is uninsured or has only the bare minimum policy of $25,000.  Fortunately, Illinois law requires that all insurance polices also include uninsured motorist coverage that offers protection in case you are injured by a driver that does not have insurance or if you are injured by a hit-and-run driver. The minimum coverage for uninsured motorist is $25,000 per person injured in the accident and $50,000 per single accident if there are multiple injured passengers.  What if the other at fault driver has only $25,000 coverage but your medical bills far exceed the $25,000 and the other drivers insurance offer the total$25,000 policy? Does that mean you will be left insufficiently compensated? The answer is that depends.  If you also have the minimum $25,000 policy and you settle with the other at fault driver for $25,000 (the full policy) then the $25,000 you receive from the other driver will be set-off again your own $25,000 coverage so you will not receive any additional compensation.  However, if the other driver had $25,000 in coverage and you had $100,000 in under-insured  coverage, then after you received the $25,000 policy from the other driver and after the set-off of $25,000 you will have $75,000 in additional coverage for a total of $100,000.  So it may well be worth paying extra for larger policy limits to be protected from under-insured and uninsured motorists.  Given that almost 17% of drivers on Illinois roads and a large percentage of drivers only carry the minimum coverage, it is wise to pay the extra for larger policy limits.

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You buy a new car and you finance it and make your payments every month.  You drive a lot and put 60,000 mile on your car in one year. Then one year later another driver runs a red light and slams into your car.  You, thankfully, are not injured, but your car is a total loss. Good thing you have full coverage.  You insurance company evaluates your car and determines the value of your car is $15,000 and will cut you a check for that amount.  Unfortunately, you still owe $20,000.00 on your car.   You complain about the settlement offer but the insurance company points out that they are only liable to pay the value of your car, not what you paid for it and directs you to Kelly Blue book to verify what your car is worth. You may ask how can I protect myself from incurring a loss in this situation.  The personal injury Lawyers of Zneimer & Zneimer, P.C, have encountered this scenario quite a few times and the first thing we ask our clients is whether there was a GAP insurance policy in effect at the time of the accident.

What Is GAP Insurance?

GAP insurance“Guaranteed Asset Protection” is a type of auto insurance coverage that protects car owners from financial loss if their vehicle is totaled or stolen and the payout from their standard auto insurance doesn’t cover the full amount they owe on the car loan or lease.

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You conscientiously pay your auto insurance premium month after month. You pay extra for full collision coverage.  You have never made a claim in years. Then for no fault of your own, someone driving with no insurance rear-ends your vehicle.  You are taken to the emergency room in an ambulance and your car is totaled.  This is the time when you need your insurance company to come through for you.  However, you call the insurance company and wait on hold for 45 minutes.  The insurance company takes forever to adjust your claim and when they finally make an offer it is for far less than your car is worth on your car damage claim and they contest your personal injury claim, only offering nuisance value that doesn’t even cover your medical bills.   At this time your are wishing that you had picked a better insurance company, even if it would have costed a little more. Completely frustrated, you call the Illinois Department of Insurance to make a complaint but you are told that your complaint will be recorded but the agency is too understaffed to do anything about it. The Illinois Department of Insurance used to post complaint ratios of insurance companies to advise consumers of which insurance companies received the most complaints, but stopped doing that in 2020.

The Chicago Sun-Times  recently did a study of Illinois Department of Insurance data and determined a small number of substandard insurance companies account for a large percentage of the customer complaints. The Sun-Times decided to analyze the raw data from the departments webpage themselves for the years 2021-2023 from the departments website.  The study revealed that eight substandard insurance companies accounting for 5.28% of the of the passenger car liability insurance market accounted for an stunning 40% of the complaints filed.  The study used a formula to compare companies.  The complaint ratio was calculated by taking the number of complaints divided by the amount of premiums paid in millions of dollars. Below are the substandard insurance companies that received the most complaints:

  • First Chicago Insurance of Bedford Park ranked highest in complaints in Illinois in 2023 with 180 complaints according to the Sun-Times article, with the highest complaint ratio of 5.14 which was 39 times higher than State Farm.

Car insurance is an essential part of owning a vehicle, and it is especially important in Illinois. The state requires that all drivers carry a minimum level of liability insurance to cover any damages or personal injuries that may occur in the event of an accident. However, simply having the minimum coverage may not be enough to protect you and your assets in the event of an accident.

When shopping for car insurance in Illinois, it’s important to know that there are different types of coverage available. The most basic form of coverage is liability insurance, which covers damages or injuries that you may cause to another person or their property in an accident. However, liability insurance does not cover your own damages or injuries. To protect yourself fully, you should consider additional types of coverage, such as collision and comprehensive coverage.  Collision coverage will pay for damages to your vehicle if you are involved in an accident, regardless of who is at fault. Comprehensive coverage provides protection for damages caused by events other than a collision, such as theft, vandalism, or natural disasters.

It’s also important to consider the level of coverage you need. Illinois has a minimum coverage requirement, but that may not be enough to protect you fully. If you have a newer or more expensive car, you may want to consider purchasing higher levels of coverage to ensure that you are fully protected in the event of a crash.

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