Speaker 1:
And how you doing today?
Speaker 2:
Great. Just coming off a holiday week and ready to get back at it.
Speaker 1:
Okay. All right, seem everybody have a good time over the weekend, right?
Speaker 2:
Yeah.
Speaker 1:
Welcome to our show. Basically this show, we’re talking about the laws and our activities, daily activities, especially we focus on the car accident and then all kind of different lawsuits. And we understand we dealing with a lot of case with general… Mike Agruss Laws and you are one of the partner of the Mike Agruss Law, right?
Speaker 1:
We receive quite a lot of email and questions. Let’s see, last time we discussed some, about when someone, they get involved into the car accident or what we supposed to do, and what you supposed to do. And what help can we get from your law firm?
Speaker 1:
A lot of comments, they’re very happy with your service. That’s something we should share with the people. Let’s go into… Okay, the topic today we discussed a little bit detail because of last time, whatever we left or we haven’t got a chance to explain everything, right? Today is, I would like to ask you a few question about car or accidents based on the statistics of Illinois State, right? Can you give us some statistics we can discuss today?
Speaker 2:
Absolutely. I actually wrote down some statistics from car accidents in Illinois because I knew I wouldn’t remember. The numbers that I’m going to give you, three facts are really important. In 2018, there were about 320,000 crashes.
Speaker 1:
Wow.
Speaker 2:
These are reported crashes. You have to assume some actually aren’t reported, so that number is probably a little higher. That number had increased about 7,400 from the previous year, so more accidents over time. And fatal crashes accounted for about 1% or 950 of those accidents. So in 1% of those crashes there was a fatality, someone died. And of those fatalities, about 260 people were not wearing seat belts.
Speaker 1:
Really?
Speaker 2:
About one third of the people who didn’t survive, they weren’t wearing seat belts. So it’s really important to buckle up when you’re in the car.
Speaker 1:
Yes. Okay. All right. Well, that’s a very interesting information. We need to inform to the peoples because that’s a seriously problem right here, right?
Speaker 2:
Yeah.
Speaker 1:
[Vietnamese 00:03:10].
Speaker 1:
Yes, the number you give us, that’s a very, very high number and unbelievable because the fatal is more than 951 fatal cases, right?
Speaker 2:
Yeah.
Speaker 1:
That’s amazing because I can’t believe the car accident, unbelievable. Because people, we don’t know what happened to them? Some of them, some cases are reckless and some cases accidents by accident, right? Nothing you can do. Anyway, go back to, you just mentioned about 874 traffic crash occur per day.
Speaker 2:
Yeah. So in [crosstalk 00:05:45] 2018 there were 874 crashes on a daily basis. Car accidents are very common.
Speaker 1:
Yes.
Speaker 2:
This is a huge part of our practice. They are often very damaging to the cars, the people. We discuss the fatalities, back to those fatalities, the 951 that year, about 27% involved alcohol.
Speaker 1:
Wow. Okay.
Speaker 2:
So drinking and driving, it’s real, it happens all the time. You really need to be careful on the roads.
Speaker 1:
Yeah. No wonder why they ban the people who, drunk and drive, right?
Speaker 2:
Right.
Speaker 1:
Okay. [Vietnamese 00:06:33].
Speaker 1:
Yes, I try to explain to most of the people about the seriously, enjoy… When you get involved with alcohol because the number is a 27, that’s a big number. It’s not a small number, right?
Speaker 2:
Right.
Speaker 1:
And it’s very dangerous. If someone to get involved car accident and someone drunk in drive, right?
Speaker 2:
Right.
Speaker 1:
Another question, you mentioned about in Chicago, January 1st, in July 2020 in Chicago has been 14% increase in the speeding.
Speaker 2:
Yes and there’s belief that that was in part to the pandemic. So that statistic is from 2020, last year from January 1st through January 28th, there was a 14% increase in speeding.
Speaker 1:
How come? I thought the during pandemic, people, they’re driving less.
Speaker 2:
That’s exactly it. There was a presumption that there weren’t people on the road, so people, the few people that were on the roads were just cruising. They were speeding and driving recklessly.
Speaker 1:
I see. Oh boy.
Speaker 2:
Where normally there’s traffic and other things that slow those vehicles down, they took advantage of the open roads.
Speaker 1:
Right, right. I thought when there is less of traffic than the accident is supposed to be less, less than it, before, but actually it’s not because the people they accelerate more than the regular traffic.
Speaker 2:
There were actually less accidents. The number went down because there were less people on the roads and some insurance companies actually reimbursed their customers because of the limited number of accidents. But the accidents that did occur, were more impactful, more dangerous, higher speeds.
Speaker 1:
Yeah, because of high speed.
Speaker 2:
Right.
Speaker 1:
Wow. Okay. [Vietnamese 00:10:11].
Speaker 1:
Wow. That’s very interesting issue because a lot of people, they never thought that accident can occur easily when less traffic on the road.
Speaker 2:
Right.
Speaker 1:
But actually it’s increased more and it’s more dangerous when they involved into the accident, right?
Speaker 2:
Yeah.
Speaker 1:
Yeah, that’s good information. That’s bad news.
Speaker 2:
Yeah.
Speaker 1:
Yes. I have heard so many car accident during traveling through… First of all last weekend because the holidays, people drink and maybe did not get drunk but they got one or two drink and then when they’re driving, they don’t pay attention or they speeding up. So the car accident occur everywhere, not only in Illinois, right?
Speaker 2:
Right.
Speaker 1:
That’s… So what should we do if we get involved into the car accident?
Speaker 2:
Right, I’ll give you six steps or piece of advice, things you should do if you’re in an accident.
Speaker 1:
Okay. All right. That’s a start, very much… Six…
Speaker 2:
Six steps, yeah.
Speaker 1:
Okay.
Speaker 2:
Number one is pretty obvious, make sure you’re okay and the people in your vehicle are okay.
Speaker 1:
Okay.
Speaker 2:
All right.
Speaker 1:
Yep.
Speaker 2:
Number two, call the police, call 9-1-1. You want documentation of the accident. You want the police to come out and conduct an investigation. Who is responsible? Who is hurt? And they’ll also send out an ambulance, most likely, which is important because if you’re injured, you need to get help.
Speaker 1:
Yeah.
Speaker 2:
Number three is, do not admit that you are at fault.
Speaker 1:
Yeah, that’s very important.
Speaker 2:
Don’t say, “I’m sorry.” I think it’s really natural after an accident to get out of the car, even if you’re not at fault to say, “I’m sorry.” However, don’t do that. That could be an admission of liability that could be held against you at a later time. So just be careful with what you’re communicating to the other driver and the police officer.
Speaker 1:
What, let me interrupt you. How did, it’s important when you admit something?
Speaker 2:
Well, it could come into evidence during your trial or during your case, and it could end up ultimately hurting your case.
Speaker 1:
Okay, I see.
Speaker 2:
Right.
Speaker 1:
Thank you. And then the next number is, call lawyer.
Speaker 2:
No, you skipped ahead. Number four is, you want to exchange insurance information with the other driver. Make sure that you have a copy of their insurance card. I recommend just taking a photo of it, take out your phone, take a picture of their insurance card and their driver’s license. And provide this information to the police officer because they will include it in their report. If you need a translator, if you’re not comfortable speaking English, if you, English is your second language, you can ask for a translator. There’s a couple options you could ask for a translator or just call a family member, a close friend and put them on speaker as you’re speaking with the officer, just to make sure nothing is lost in translation. You want to do everything that you can to make sure the information contained in the police report is accurate.
Speaker 1:
Okay. All right, [Vietnamese 00:15:58].
Speaker 1:
We’ll take a short break, we will be back. Thank you.
Speaker 3:
[Vietnamese 00:19:36].
Speaker 2:
My name is Taylor Kosla. I’m a partner at Mike Agruss Law. I started in August 2017 and after three years of practicing, I was named partner in February 2021. Personal injury clients come to our office in a time of need and some in desperation, something devastating happened to them. We can provide clients with peace of mind by ensuring them that we are here to help. We are in this together and we will take care of them.
Speaker 2:
We are fast acting law firm. We are responsive to our clients and maintain open lines of communication. Our sense of urgency is part of what makes us different from other law firms. We put people first and we make sure we get our clients the compensation they deserve. Our consumer rights practice is a national practice, so we can help people from the east coast to the west coast. There are laws in place to protect consumers and that everyone knows these rights exist. And certainly not everyone knows or even believes that our clients never pay us a penny. Several consumer rights statutes contain a fee shift provision, which means that if we prevail, the defendant must pay our attorneys’ fees and costs. Our consumer clients appreciate the work that we do, and that makes my job rewarding.
Speaker 2:
What I like most about plaintiff’s work is getting to know our clients. Understanding the facts of what happened and how the occurrence affected our client. As an attorney, we are given a set of facts and it is our job to create a timeline and story of events. We must put ourselves in the shoes of our client, whether that be at the scene of the accident or months after at home learning how to adapt to a disability. Having had a family member sustain a life altering injury, I can relate with my clients and their family members and this fuels my passion for what we do, putting people first.
Speaker 2:
My favorite animal is a dog. The app I use most is Apple News. It’s hard to say what my favorite food is because it depends on what I have a taste for. But generally I like steak and seafood. I love to travel and Florida is one of my favorite places to escape to because you can go to the beach, play golf, and eat at great restaurants. I like my weekends like I like my weekdays, which is busy. I like being outside, whether that’s going for a run along the lake, golfing or skiing. I spend time with family members and friends. I love having people over to cook for and to try new recipes with.
Speaker 2:
Since I was born, I knew I would be a lawyer or doctor. I learned early on that I did not care for science, which made it easy for me to pursue a career in the law. My job was perfect for someone with a passion for the law and medicine, because these two area coincide with personal injury and medical malpractice cases.
Speaker 2:
I enjoy reading John Grisham books and have acquired quite a collection over the years. I’m always up for watching a new movie, but generally I enjoy the classics like Good Fellows and Father of the Bride.
Speaker 2:
At Agruss law firm, we are a hardworking team of people who are determined to maximize results for our clients. Each member of our firm plays an important role in the success of our practice. Our focus is to ensure that we are available to communicate with our clients and to ensure they have the representation they need. We’re dedicated to putting the needs of our clients first above all.
Speaker 1:
Yes, we back after a short break here. And thank you again for all the viewers and all the followers of our shows. I received a few phone calls as well, some emails there. There’s a lot of question and I will happy to take this opportunity to discuss with one of the expert from the Mike Agruss Law, Lawyer Taylor.
Speaker 1:
Yes, as I mentioned that you a few weeks ago, the reason why we need the lawyer and when we need a lawyer. A lot of people they’re scared, they’re afraid to talk to somebody because they don’t want to expose their case. But turn around, they have no clue what they’re supposed to do when they get into car accident or some other issues as well. So I try to explain to them, but the best way is, you are lawyer… My question is why would I need a lawyer? And what a lawyer, what is the benefit of a lawyer?
Speaker 2:
Right, so we were discussing what to do if you’re involved in a car accident. Six steps. Step number five is to call a lawyer. And the reason you want to do this and do it right away is because we can help you, number one, preserve the evidence, make sure that we get all the evidence that we need, everything is preserved. We can contact the insurance companies so you aren’t receiving calls from the insurance company. We’ll get a copy of the police report. We’ll help you with your property damage plan. We’ll get into all this in detail later on, but we’ll help you get the medical treatment that you need. So the sooner that you come to us, we will help you make your case as strong as possible from the beginnings to maximize your results, and to protect your rights. So that’s why it’s important to call a lawyer as soon as possible.
Speaker 1:
Yeah. [Vietnamese 00:26:56].
Speaker 1:
Yes, those items you just mentioned about, they collect the evidence, the insurance, property damage, and body injury, and medical bill. This is all kind of issues and I believe the law firm, they should understand very well.
Speaker 2:
Yep.
Speaker 1:
So you use, basically you are translator of the law to the real…
Speaker 2:
So you hire an attorney for advice, so we’re able to give you all that advice. We have a lot of experience with car accident cases. So any issue that arises, you can reach out to it and we’ll be able to help you.
Speaker 2:
And then the last step of what to do, if you’re involved in a car accident is to get medical treatment. If you are injured in an accident, your treatment should start right away from scene of the accident. Take an ambulance to a hospital. If it’s soft tissue, which we see a lot in auto accidents, follow up days later with a primary care, a physical therapist, a pain specialist. Your medical records really tell a story of your injury, your recovery and that road to recovery and hopefully, you’re finally healed. I don’t know if you’re entirely whole, depending on the injuries, but it’s really important to get treatment so that there are records of your injuries. And that way, when we can go to the insurance company and say, Look, this is a date of the accident, this is when my clients started to experience symptoms. And then there’s consistent treatment for as long as needed.
Speaker 1:
Yes. Okay. [Vietnamese 00:31:13].
Speaker 1:
Another question. Okay, I just explained to the people certain important points you mentioned about rehabilitation treatment, medical bills and such and such. The insurance, cars insurance, when someone gets involved into the car insurance, some usually at fault, the people at fault, they must have the insurance, right?
Speaker 2:
So in Illinois you are required to have of insurance, at least $25,000 and that’s liability. So if you hit someone, the other driver can claim at least $25,000 from you. However, [crosstalk 00:33:35]. That is a state requirement.
Speaker 1:
The state. Okay.
Speaker 2:
However, there are lot of different insurance companies that come into play when someone’s involved in the accident. So there’s of course the at-fault driver’s auto insurance policy but then your own insurance company can also come to play. Your underinsured or uninsured motorist coverage, I’ll get into those into detail in a little bit, but your own insurance, auto insurance company comes into play.
Speaker 2:
You might also have MedPay, which is a… There’s basically no question of whose liable, it’s on your own insurance company. It’s just a really easy and great way to get paid. You can use it for a prescription, bills, anything that you need. And then lastly, your own health insurance will actually come into play after an accident because they’ll likely pay for some of your, if not all your medical treatment.
Speaker 1:
Okay. So basically there’s three different, based on what I just heard you, there’s a three different insurance. At-fault insurance, that’s number one. Your insurance, number two. That’s mandated by state law. And then the health insurance.
Speaker 2:
Yes. Yeah.
Speaker 1:
Okay. All right. Thank you. That’s that’s very good and that’s very important. The information I just learned about today. I bought the insurance but I never pay attention. Oh wow. There’s at-fault people, they must have it and your own insurance and health insurance.
Speaker 2:
Right. You want your own insurance to protect you. You don’t want to rely on someone else…
Speaker 1:
I see.
Speaker 2:
To have insurance to protect…
Speaker 1:
That’s very important. Thank you. [Vietnamese 00:35:36].
Speaker 1:
Wow. This is very interesting and more seriously, and the more I learn, the more people they learn, they will understand what should they do and why they need the insurance.
Speaker 1:
When you mentioned about the car accident, there is two insurance and one is body injury and property damages. What is the difference in that?
Speaker 2:
So property damage in an accident refers to the actual damage to the vehicle.
Speaker 1:
Okay. Only vehicle.
Speaker 2:
Only vehicle.
Speaker 1:
What happens if the car hit the house? Do they take care of the house? No?
Speaker 2:
That would be included in property damage. But generally property damage, the questions that we get asked from clients are, their car was either damaged or maybe even totaled and they need that car repaired to replace as quickly as possible. So our firm will actually help you with the property damage claim for free to get you back in a car, driving as quickly as possible. Bodily injury is the damage to your person. So it’s your bad back, your neck, your broken arm. On that, when we refer to bodily injury, that’s what we’re talking about.
Speaker 1:
Okay. All right, [Vietnamese 00:38:37].
Speaker 1:
Yes, when we mentioned about the body injury and the properties, I got another question. I want to go in a little bit details. When someone, they hit someone, some car, they hit some car. But then unfortunately, they hit the body, outside of the car. What do you call that?
Speaker 2:
Okay. So when a car hits a pedestrian?
Speaker 1:
Yeah.
Speaker 2:
It’s an auto versus pedestrian accident and if that person was injured, it would just be the bodily injury claim. So there wouldn’t be a property damage claim for the person on foot.
Speaker 1:
So the body at-fault, they’re insurance is supposed to cover for the third party, right? I mean like the people that cross the road and then they get hit by your car or somebody car?
Speaker 2:
Right. So whoever is at fault for the accident, whether they hit another vehicle or a person, that whose insurance company you look to first for recovery.
Speaker 1:
Okay. [Vietnamese 00:41:15].
Speaker 1:
Yes. That’s a very important and interesting issue because a lot of people, they say, “Well, I didn’t hit that, somebody on the road. And now I had to deal with the insurance, because I have no money. I’m not quite sure if my insurance cover for them or not.” So actually it doesn’t matter when you got insurance, the insurance supposed to cover for everybody, right? Basically.
Speaker 2:
In theory. Sometimes insurance policies fall a little short, which is why you need your own insurance, good insurance with high limits to protect yourself as well.
Speaker 1:
Okay. [Vietnamese 00:42:54].
Speaker 1:
Yes, talking about the car accident. If we don’t know for sure the insurance, the policy, they cover for us or the cover for the people at fault. If they don’t have, we call that’s an uninsurance motorist, right? I mean, uninsurance motorist. That means some people, they’re driving but they don’t have insurance.
Speaker 2:
Right. Some… Although it’s not legal in the state of Illinois to drive without insurance, it happens. But that’s why with your own insurance, you can have, actually get covered. That’s called uninsured coverage and that means in the event that someone hits you who is not insured, you can recover from your own policy.
Speaker 1:
Okay. [Vietnamese 00:44:22].
Speaker 1:
Yes. What kind of medical payment… What is medical payment coverage?
Speaker 2:
Okay. So my, we call it MedPay for short, medical payment coverage. And that’s oftentimes something that you can have with your own auto insurance policy. I mentioned it earlier, it’s essentially a strict liability coverage for you. So if someone else hit you or maybe you cause an accident, this is an amount of money that you can use to apply towards your treatment, whether it’s to pay for prescriptions, to pay for the ambulance bill, copays. It’s great. It’s usually at least $5,000, which is real easy money that you can use while the case is pending.
Speaker 1:
Is this the basic, is that’s a basic… Or that is like an option when you buy the insurance. Is that an option, you say, well…
Speaker 2:
So it is an option but both insurance policies have it.
Speaker 1:
What if they don’t have?
Speaker 2:
I mean, if they don’t have it, then you have to wait until a case is settled. So this is money that… MedPay, you can just get while the case is still being worked out, while you’re still getting treatment. If you don’t have MedPay coverage, then you have to, really, you should complete treatment to know the extent of your injuries and then try and settle your case. It’s really kind of a quick money option rather than waiting until settlement, which could take a few months.
Speaker 1:
Okay. All right, [Vietnamese 00:46:01].
Speaker 1:
Yes, [inaudible 00:47:16]. Where we mentioned about the treatment, what happens, someone they get into the car accident and their insurance, medical coverage is not enough. I heard some people, they said, well, they can lien into your property, like a house or fancy car or your account, bank account. Is that’s true?
Speaker 2:
So if you’re hurt in an accident and you’re not at fault. So someone else hits you and you have health insurance, your health insurance should cover your medical bills. At least the vast majority of them. Then what happens, they place a lien on your case and essentially it says, Hey, we paid all this money and there was a third party at fault for these injuries. We shouldn’t have had to pay for this, so we want a portion of this settlement and they are legally entitled to a portion of it. But it’s usually a lot less than what it would be if you were just, if paying the providers directly.
Speaker 1:
I got another question. When you mentioned about, they lien into the… For example, if the third party, they sue. I don’t know who is at fault but they say, Well, they get involved to the accident because of the car hit them or hit someone. So the health insurance, they say, Well, we don’t cover that much. That’s what we cover. So that people, they can sue the people at fault or you? Or someone or somebody get into the car accident and the insurance, they don’t cover enough? In that case, what should we do?
Speaker 2:
So if you’re involved in an accident and you are sued. You should contact your insurance company and they’ll be, they typically defend you in a case where you are at fault. Again though, your liability is included in your policy. So if you have $25,000 in coverage, however, if you cause injury that’s really in excess of that, you could, you do have further exposure. But if you’re ever sued, call your insurance agent, explain what happened and they’ll advise you.
Speaker 1:
Okay. Not the lawyer. That’s, you have to deal with, directly with the insurance.
Speaker 2:
So we represent the insured, the person who’s not at fault.
Speaker 1:
Okay.
Speaker 2:
If you are at fault, we’re not the right attorney. But if you’re not sure you can always call us, we love questions. If you cause an accident and you have insurance, your insurance will defend you.
Speaker 1:
Okay. Just thank you, that’s very important issues and I want to mention to the people how important the lawyer and your insurance as well, right?
Speaker 2:
Right.
Speaker 1:
[Vietnamese 00:50:30].
Speaker 1:
Yes, the time is up too. It’s too bad because I got more than, I got a lot more question here for you about property and medical bill, and the people at fault. What should we do with them and then what question we should proceed with a lawyer, because I know every case is a different case and it’s more time and more detail to learn, right?
Speaker 1:
Unfortunately, we have to say goodbye now. I do appreciate and thanks so much for your time and you coming to our show. Hopefully, people, they learning a lot from you. And before we say goodbye, please…
Speaker 2:
Yep. Thank you so much for having me again. I’m a partner at Mike Agruss Law. We handle personal injury cases and I’ll be back on soon to give you more information. Touch on the questions that we didn’t get to today.
Speaker 1:
All right. Thank you again. One more time, thank you and have a great day.
Speaker 2:
Thank you.
