When another driver’s negligence causes an accident, leaving you with painful injuries, this could be only the beginning of your challenges. The aftermath may disrupt your life, affecting your ability to work for weeks or months and making it difficult to manage household responsibilities or care for your family.
Dealing with the financial and emotional toll of a serious car accident is challenging enough, but filing an insurance claim can add another layer of frustration, especially if the insurer tries to shift the blame onto you or undervalue your damages.
At The Personal Injury Lawyers™, we recognize how life-changing a car accident can be, and we’re here to support you every step of the way. Our team offers free consultations to help you explore your legal options and determine the best path to securing compensation.
Whether you’re uncertain who is at fault or how much insurance coverage you’re entitled to, we’re dedicated to providing the clarity and assistance you need. Please contact us today to find out how we can help you move forward.
Do You Need a Berwyn Car Accident Attorney, or Should You Handle the Insurance Claim Yourself?
Filing an insurance claim is not difficult, but dealing with the insurance company afterward can be. One thing to keep in mind is that insurance adjusters are often skilled at putting people at ease.
Here’s one common scenario that could happen:
- The adjuster calls you to ask a few questions, promising they just need more information to process your claim.
- You answer their questions, stressing that the accident was not your fault.
- The adjuster seems pleased with your answers and assures you they’ll get back to you soon.
- You eventually receive a letter saying your claim has been denied or your settlement reduced due to your having at least partial responsibility for the accident.
What went wrong?
Insurance companies usually record all their calls, and the adjuster may review the conversation for any sign that you are at fault. As a result, they could misinterpret one of your comments to mean you had some responsibility.
Now, they have an excuse to deny or reduce your claim amount under Illinois law. We’ll talk more about the possible pitfalls of shared fault later.
This is only one potential problem you might run into with a car insurance claim. Here are some other routine difficulties our clients may encounter:
- The other driver blames you for the accident, the police find little evidence at the scene, and the police report is inconclusive or suggests you have some fault. Yet you believe the other driver is totally responsible.
- The insurance company nitpicks your medical bills and other damages, deeming some unnecessary or undervaluing noneconomic damages like pain and suffering. Unless you have a background in the insurance industry, it can be hard to know when your damages have been underestimated.
- You had a small amount of fault in the collision, but the insurance adjuster overestimated your contribution. This allows them to deduct more money from your final settlement unfairly.
As you can see, the insurance adjuster has one goal: To save the insurance company money.
You need someone whose mission is to fight for your interests and work to secure the highest possible settlement in your case. Unlike the insurance adjuster, a car accident lawyer works for you, striving to achieve the best outcome for your needs.
How Much Does It Cost to Hire a Car Accident Lawyer?
Your initial consultation should always be free. We believe everyone should have the ability to learn their options at no cost.
Like most personal injury attorneys, we work on contingency, so you don’t have to pay anything upfront if you become our client. Instead, we take an agreed-upon fee only after we win or settle your case, so there is no risk to you and no need to worry about paying your lawyer before you’ve received anything from the insurance company.
How Does Shared Fault Work in a Car Accident Case?
People often think that one driver has to be at fault in an accident and the other driver must be totally blameless. In reality, a large number of car collisions fall into the category of shared fault—in other words, both drivers contributed to the accident.
For example, suppose one driver was driving a little over the speed limit, but the other driver failed to yield despite the sign.
Or, maybe both drivers were speeding, and one lost control, crashing into the other driver’s car.
Perhaps one motorist was looking at a text message on their phone and failed to notice another driver zooming through a red light.
These are just a few examples of situations where both drivers may have some responsibility for the collision. However, one party is usually more at fault than the other.
What Is Modified Comparative Negligence?
In Illinois, car accidents and other personal injury cases are governed by modified comparative negligence laws with a “50 percent bar to recovery” rule. As a result, you may still be eligible for compensation if your level of fault does not reach or exceed 50 percent.
But, there is one drawback: If you are found to be less than 50 percent at fault, you can seek damages from the other party’s insurance. However, your compensation will be reduced based on your degree of fault.
For instance, if you are assigned 30 percent of the blame, you can recover 70 percent of your total damages.
On the surface, this sounds like a fair system in which an injured party can at least receive compensation for the other driver’s contributions. Sometimes, it works out that way.
In other cases, the insurance adjuster could overstate your share of responsibility. Reaching a fault breakdown can be a complex task that is somewhat subjective, so it’s possible the result, in your case, may not be accurate.
However, many injured people don’t know if the fault breakdown is fair or not. They may simply accept the settlement offer, relieved that the insurance company is paying at least some of their damages.
In other situations, the insurer might believe the injured party has some fault when they have none. Again, the injured person might take the insurance company’s word for it, losing thousands of dollars or more they deserve.
Your car accident lawyer will work to recover as much evidence as possible in your case. We’ll interview witnesses, examine the area around the accident scene, and search for video cameras that may have captured the crash.
Once we’ve compiled as much evidence as possible, we’ll analyze what happened and work to determine if the insurance company’s estimate of fault is accurate. If not, we’ll negotiate with the insurer and encourage them to take a second look.
It’s also a good idea to seek legal advice before accepting any offer from the insurance company. We can review the offer, note if they have overestimated your responsibility or underestimated your damages, and provide you with options so you can make an informed decision.
What if I Just Call the Insurance Adjuster and Tell Them They’re Wrong?
You could do that but be advised that the insurance adjuster probably knows much more about the policy, its loopholes, and its language than you do. They’re also well-versed in state and local laws and unlikely to be swayed by your argument.
Worse, you’ll be giving them another statement to comb through for anything that can be interpreted as suggesting fault. So, disputing fault on your own is unlikely to be helpful but could significantly worsen the situation.
For this reason, we recommend speaking with an attorney before you talk to the insurance company.
What Materials Should You Have Handy When Talking to an Attorney?
It’s always helpful to gather any evidence or documentation so we have as much information as possible. Here are some examples:
Photos
If you took photos at the scene, these are often beneficial. Pictures of the damage to both vehicles, as well as shots of the surrounding area (especially tire marks on the pavement), can be crucial evidence. However, sometimes, it can be impossible to take pictures due to severe injuries or other difficulties. In some cases, your police report may contain photos, or you can take pictures of the damage to your vehicle later.
Video
If you have a dashcam, be sure to save the video from your accident. Such videos often do an excellent job of showing exactly what happened in a collision.
The Police Report
These are usually made available within a week to ten days of the accident. The police report provides a wealth of information about the crash and includes a section on “contributing factors” that may indicate fault. However, evidence at the scene is sometimes minimal, and the police report may not always be conclusive or accurate. If you feel something in the report is incorrect, please discuss it with your attorney right away. Should we find evidence to contradict the report, we can challenge it.
Medical Bills, Car Repair Estimates, and Other Expenses
We’ll use these to estimate your claim’s approximate value. Be sure to include receipts for out-of-pocket expenses like physical therapy equipment, prescription copays, mobility aids, etc.
Your Own Insurance Policy Information
In some situations, the at-fault driver’s insurance might not be enough, but we may be able to make a claim on your policy, depending on your coverage.
If you forget something or don’t know how to acquire it, let us know, and we’ll try to help.
What Happens if the At-Fault Driver is Uninsured?
Some states don’t require uninsured motorist coverage, but Illinois requires at least $25,000 in bodily injury coverage for uninsured driver accidents. This is equal to the minimum required amount of bodily injury liability insurance.
So, you should be able to recover that much from your own car insurance.
However, there are still some situations where unpaid damages exist:
- If you only have the minimum in uninsured motorist coverage and you have severe injuries, you could amass far more than $25,000 in medical bills.
- This can also be a problem if the other driver has insurance but only the minimum amount. If your injuries are very severe, you may sustain even more damages than a higher policy limit covers.
Underinsured motorist coverage can be used in the latter situation. It’s only required if you have higher amounts of uninsured motorist insurance, but insurance agents must offer it in Illinois.
Ideally, you have both. Even if you do, it’s possible to exhaust both policies when you have extensive injuries and damages.
When this occurs, we will search for other options, such as:
- Suing the at-fault driver: This is an option but not necessarily the right one in every situation. If the driver has no assets to seize, a lawsuit may only waste time and court costs.
- Suing a third party: This option only applies in specific situations where a third party has some responsibility for your accident or injuries. For instance, sometimes, an auto manufacturer might be responsible for a defective airbag that worsens your injuries. In rare cases, a person injured by an intoxicated driver may be able to sue an establishment that served the drunk driver alcohol, but only if certain conditions are met.
Since these solutions only apply in a small number of cases, we recommend investing in as much uninsured/underinsured motorist coverage as you can. This will give you the best chance of recovering all or most of your damages in a serious accident with an uninsured or underinsured driver.
How Can You Find Out More From a Berwyn Car Accident Law Firm?
When you have questions or concerns regarding your car accident claim, reach out to The Personal Injury Lawyers™ for a no-cost consultation at 312-999-9990. Founded by attorney Robert S. Fakhouri, our firm has successfully secured millions in compensation for injured individuals and their loved ones.
Our knowledgeable Berwyn personal injury law firm is here to review your case, discuss your legal options, and provide clear answers to any questions you may have. There is no obligation, so please contact us today to learn more.
