The payment is generally made by an insurance company, if the "at fault driver" has insurance coverage. This will not be automatic, but a demand can be made of them in time. If the "at fault driver" does not have any insurance coverage, then your Uninsured or Underinsured Insurance policy may be able to cover your own loss.
An auto insurance policy generally has what is called a "Medical Payment" portion. This part of the policy coverage pays for any medical bills that the insured incurs as a result of an accident. There is usually no question of fault to get this payment. This portion of your policy may need to be paid back upon a recovery from a third party. The amount of this coverage will vary depending on your policy. You may want to speak to your insurance agent to make sure you have the right amount of coverage.
This coverage is a part of your insurance policy that allows you to recover for your injuries and damage from your own insurance carrier when the other party does not have enough coverage (Underinsured) or no insurance coverage at all (Uninsured). Illinois and other states require every person to carry auto insurance coverage. But not everyone obeys that law. Also, the minimum coverage in Illinois is only $25,000 coverage per person and $50,000 per incident. This amount is generally not enough to cover injuries that require surgery or long term rehabilitation.
Most attorneys will not handle Property Damage Claims. The insurance companies have policies that allow the insurance companies to take care of these damages.