Adler and Adler Personal Injury Newsletter

Receive Your FREE Copy of PI Advisor!

Just fill out the below form—you'll start receiving your FREE copy of our printed newsletter, filled with important news and information related to Personal Injury & Workers' Compensation.

Name:

E-Mail:

Practice Areas:

Receive a Free Case Evaluation!

Do You Have a Case? Find Out Quickly! Just fill out the below form—or call us at (312) 443-1488—and an attorney from Adler & Adler will contact you!

Name:

E-Mail:

Phone:

Safe Driving in Illinois

Winter 2009:

• Insurance Essentials: Uninsured & Underinsured Motorist Coverage
• Parents' Guide to the Graduated Drivers License System
• Web Exclusive Content! Winter 2009 Tips for Safe Winter Driving Vacations

Winter 2009:
Insurance Essentials: Uninsured & Underinsured Motorist Coverage

IF YOU ARE IN A CAR ACCIDENT AND THE OTHER DRIVER IS UNINSURED, WILL YOU BE COVERED? If you have Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage, you can help guarantee that you, your loved ones and your passengers receive full compensation for injuries due to the negligence of another driver.

Like many, you may believe that because Illinois requires drivers to carry liability insurance that the other driver will be insured. But according to the Insurance Research Council, more than 25% of drivers are uninsured. In Illinois, there are an estimated 25 million uninsured drivers. Even if the other driver has liability insurance, he or she may be underinsured. An underinsured motorist has liability insurance that meets the state-required minimum but is not enough to pay for total damages. In Illinois, that minimum is only $20,000.

Why Would I Want UM/UIM?

When you elect UM/UIM coverage, you are protecting yourself, your family, and your passengers from the risk that the driver who causes an accident does not have adequate insurance to compensate you. UM/UIM coverage is relatively inexpensive to add to your existing auto policy. Your UM/UIM coverage should equal your Bodily Injury liability limits. Depending on your insurer, you may be able to add UM/UIM coverage for as little as $3–$4 per month for $100,000/$300,000 per person/per accident. Making a claim for benefits will not increase your insurance rates because you are not at at fault for the accident.

Adler & Adler recently obtained a $57,000 settlement for a client from his own insurance company. His case is a good example of how UM/UIM coverage protects you against the possibility of being injured by someone without insurance or with inadequate insurance. In February 2006, Defendant A, an uninsured teenage driver took a joyride in the car of Defendant B, who had minimum policy limits of $20,000. Our client was walking in a Chicago park, when the teen lost control of the car and ran into him. He suffered an injury to his right shoulder, causing him to lose time from work and to undergo extensive medical treatment and rehabilitation, costing over $9000. Adler & Adler obtained a default judgment against the teenager, but she had no assets or insurance to pay the judgment. Defendant B’s insurance carrier denied the claim because his car had been stolen. Like most policies, the insurance did not cover a driver who used the car without permission. Our client carried full coverage on his own vehicle, including UM/UIM coverage in the amount of $100,000. His insurance carrier paid the settlement under the UM coverage. Without this coverage, our client could not have obtained any compensation for his injuries.

This case also illustrates other important points. UM/UIM coverage protects you when you are injured by an uninsured or underinsured driver, even if you are not in your car when you are injured. In the case described above, if Defendant B's insurance policy had applied, our client could have collected $20,000 from the Defendant. Our client's insurance company would have paid the remaining balance of $37,000. Without UIM coverage, only $20,000 could be collected.

Do I need a lawyer for a UM/UIM claim?

You need an attorney to protect your legal rights and pursue a full recovery in a UM/UIM claim. Your insurance policy specifies rules for when, how, and if a claim can be made. Failure to comply with those rules can invalidate your coverage and defeat your claim.

If you, a family member or a passenger is injured, call your attorneys at Adler & Adler, P.C. at 312-443-1488 to learn your legal rights and responsibilities.

Winter 2009:
Parents' Guide to the Graduated Drivers License System

JANUARY 1, 2009, MARKS THE ONE-YEAR ANNIVERSARY of the new Illinois Graduated Driver License system, which increased the hours behind the wheel required in order to apply for a Initial Drivers License. Parents with teens approaching driving age need to understand the new laws, which are more complex—yet produce better drivers—than the system of 20 years ago.

TRAFFIC ACCIDENTS ARE THE LEADING CAUSE OF DEATH FOR YOUNG ADULTS AGES 15–20 YEARS OF AGE. MORE THAN 12% OF ALL FATAL CRASHES INVOLVE DRIVERS IN THIS AGE GROUP—YET YOUNG ADULTS MAKE UP ONLY 6% OF DRIVERS NATIONWIDE.

With new permit-phase requirements, the the goal of the new Graduated Driver License (GDL) system is to produce better-skilled, more experienced, 16-year-old drivers. The AAA Foundation for Traffic Safety estimates that our GDL system will reduce fatal crashes involving 16-year-old drivers by almost 40%.

Instruction Permit, Age 15

  • Parent/Guardian consent is required to obtain a permit.
  • Driver must be enrolled in an approved driver ed course and must pass vision and written exams.
  • Permit must be held for a 9-month minimum.
  • Students must practice driving a minimum of 50 hours, including 10 hours of nighttime driving, supervised by a parent or adult age 21 or older with a valid driver's license.
  • The student driver must not acquire any driving convictions during the 9-month permit period.
  • The number of passengers riding with a student driver is limited to one in the front seat and one for each safety belt in the back seat.
  • All occupants under 19 must wear seat belts.
  • Student drivers may not driver during the following hours: Sunday-Thursday, 10 pm to 6 am; Friday-Saturday, 11pm—6 am. Local curfews may differ from state night restrictions.
  • Cell phone use while driving is prohibited except in the case of emergencies to contact law enforcement, health care providers or emergency services.
  • Permit is valid for up to two years.

    • Initial Licensing Phase, Age 16-17

  • Parent/Guardian must certify that a minimum of 50 hours of practice driving, including 10 hours of nighttime driving, has been completed.
  • Parent/Guardian must accompany teen to provide written consent to obtain a driver's license, OR complete and notarize an Affidavit/Consent For Minor to Drive form.
  • The driver must have completed a state-approved driver education course.
  • Nighttime driving is not allowed for Sunday-Thursday, 10 p.m-6 a.m.; Friday- Saturday, 11 p.m.-6 a.m.
  • The new driver must maintain a conviction- free driving record for 6 months before moving to the Full Licensing Phase. A traffic conviction during the initial licensing period may extend restrictions beyond age 18.
  • All occupants under age 19 must wear safety belts.
  • For the first year of licensing, or until the driver is age 18, whichever occurs first, the number of passengers is limited to one person under age 20, unless the additional passenger(s) is a sibling, stepsibling, child, or step-child of the driver.
  • Cell phone use while driving is prohibited except in the case of emergencies to contact law enforcement, health care providers or emergency services.

    • Full Licensing Phase, Age 18-20

  • Cell phone use while driving for persons under age 19 is prohibited except in the case of an emergency to contact a law enforcement agency, health care provider or emergency services agency.

    • Web Exclusive Content! Winter 2009
    Tips for Safe Winter Driving Vacations

    Facing several long weekends for Presidents’ Day, Casimir Pulaski Day and teacher institute days, Chicagoans hit the road each winter seeking warmth and sun. But along with winter driving come winter driving hazards. From snow storms to flooding, it is important to be prepared for on-the-road emergencies. An emergency situation on the road can arise at any time.

    In addition to making sure you have the tune-up, a full tank of gas, and fresh anti-freeze, you should carry the following items in your trunk:
    • Properly inflated spare tire, wheel wrench and tripod-type jack
    • Shovel & tool kit
    • Jumper cables
    • Bag of sand or cat litter

    Be prepared with a Survival Kit that should remain in the car. Always replenish after use.
    • Working flashlight, extra batteries and First Aid Kit
    • Reflective triangles and brightly-colored cloth
    • Compass, scissors and string/cord
    • Ice scraper and snow brush, and exterior windshield cleaner
    • Wooden stick matches in a waterproof container
    • Non-perishable, high-energy foods like unsalted canned nuts, hard candy and fruit
    • Heavy woolen mittens, socks, a cap and blankets.

    If You Become Stranded...

    • Do not leave your car unless you know exactly where you are, how far it is to possible help and are certain you will improve your situation.
    • To attract attention, light two flares and place one at each end of the car a safe distance away. Hang a brightly colored cloth from your antenna.
    • If you are sure the car's exhaust pipe is not blocked, run the engine and heater for about 10 minutes every hour or so depending upon the amount of gas in the tank.
    • To protect yourself from frostbite and hypothermia use the woolen items and blankets to keep warm.
    • Keep at least one window open slightly. Heavy snow and ice can seal a car shut.
    • Eat a hard candy to keep your mouth moist.

    What to Do When Involved in a Car Accident

    Each year, millions of Americans are involved traffic accidents, from minor fender benders to disasterous crashes. Because traffic accidents always come as a shock‐and hopefully don't happen to you very often—it is easy to forget what to do when you are in one. To help you during those upsetting moments immediately following an accident, we have developed a handy checklist. Simply download the attached PDF and keep it in the glove compartment of your car, along with your registration and insurance information. Click here to download your "Car Accident Checklist".

    Read Current & Past Issues Online!

    Click to read our current and past Print Versions of Personal Injury Advisor issues by downloading a PDF.

    New Issue! Personal Injury Advisor, Volume 3, No. 1: Winter 2009
    Personal Injury Advisor, Volume 2, No. 2: Summer 2008
    Personal Injury Advisor, Volume 2, No. 1: Fall 2007
    Personal Injury Advisor, Volume 1, No. 3: Holiday 2006
    Personal Injury Advisor, Volume 1, No. 2: Summer 2006
    Personal Injury Advisor, Volume 1, No. 1: Winter 2006
    Get Adler & Adler's Personal Injury Advisor Delivered to Your Door!

    Copyright © 2005-2009. All Rights Reserved. Adler & Adler, P.C., 134 N. LaSalle St, Ste. 1410, Chicago, IL 60602. This site is designed and managed by Caroline Andrew & Associates, LLC.Disclaimer