The moments after you have been involved in a car accident are always extremely tense — and the days and weeks that follow may not offer much of a silver lining. Often, one of the only things that can help people recover financially, medically, and mentally is the prospect of recovering all damages they have suffered from their own insurer or, more preferably, from the party that caused their wreck.
Getting an insurance payout is rarely easy, however. Often, the claimant won’t even realize that the insurer is offering them much less than their case is truly worth.
Without legal representation, their damages could be undervalued, and they may be missing out on policy benefits that were supposed to be offered. Worse, many injury victims see their claims denied outright or substantially reduced by insurers for arbitrary reasons.
Having an attorney empowers you to fight back against common tactics used by insurers to reduce the value of your claim. The Personal Injury Lawyers™ of Chicago are dedicated to helping victims like you fight for the highest settlement possible.
Using our years of experience and negotiating know-how, we aim to help you claim every possible benefit while holding negligent parties accountable for the high costs of the accidents they cause.
Find out more about why we are trusted throughout Chicago and Illinois for our relentless approach to car accident auto insurance claims. Schedule a free case review with our Chicago car crash attorneys today when you call (312) 999-9990 or contact us online.
Why Work With Chicago Car Accident Auto Insurance Claims Attorney?
With easy-to-access apps, websites, and seemingly friendly agents, insurance companies may act like they have your best interests in mind following a crash. In truth, their first move after a bad wreck has been reported is to always scramble their most experienced adjusters to begin immediately finding ways to shield them from liability.
While they have a legal and regulatory obligation to act in good faith when handling your claim, insurers also have a fiduciary duty to their own shareholders and company board to maximize profits, to the extent possible. Part of their financial due diligence is to rule out every opportunity to reduce benefits — or deny them entirely — when handling claims like yours.
On top of this, other parties involved in the car accident may be misrepresenting what happened, or they could use other tactics to confuse the facts and hurt your ability to successfully file a claim.
Often, the best move in this situation is to secure your own attorney. Most car accident auto insurance claims lawyers work on contingency, meaning that their services come at no up-front charge.
Instead, they represent you during the claim with the intent to help you secure the highest settlement value possible. They will then take a set, agreed-upon percentage of this final settlement as their payment, and if no settlement or award is obtained, you owe your attorney nothing.
This arrangement makes your attorney highly motivated to secure as much compensation as possible for all the damages you have suffered. As part of their services, your lawyer will:
- Investigate fault and determine liability for your damages
- Gather evidence from the wreck and other available sources, including possible security cam footage from establishments near the accident site
- Interview witnesses and subject matter experts to build a solid case for liability and causation of your injuries, property damage, and other damages
- Research applicable legal theories to give your case the strongest standing possible in case it has to go to court
- Assist with every step of the claim, helping you complete the paperwork fully and accurately while meeting all critical deadlines
- Negotiate aggressively with insurers and other parties involved, seeking the highest settlement reasonably available
- Prepare a lawsuit in cases where negotiations are not fruitful, and you must exercise your legal right to compel the at-fault party to pay for damages, potentially at the conclusion of a jury trial
Whose Insurance Should I Be Filing Under After My Car Accident?
The insurance policy that covers your accident is affected by who is considered at-fault for causing the collision. In situations where multiple parties (including yourself) contributed fault, the amount of damages each party must pay is determined by taking their percentage of fault and multiplying it to the total amount of damages you have suffered.
For example, if a truck driver collided with you during a lane change, then another person behind you rear-ended you once you slowed down because of the initial collision, the truck may be assigned 60% of the fault for their dangerous maneuver, while the person following you could be assigned 40%. If your total damages for vehicle repairs, medical bills, etc., were $100,000, then the truck driver could be compelled to pay $60,000, while the person who rear-ended you would pay $40,000.
Illinois’ comparative fault laws allow you to recover damages so long as you are not the primary cause (50% or less at fault) for the accident.
Filing Under Your Own Insurance
If you were more than 50% at fault for your accident — or fault was indeterminable — then you will likely need to file under your collision insurance coverage, if you have any available.
Alternatively, you may need to file under your comprehensive policy if the damage was not caused in a road accident, such as if a tree fell in your car or if your vehicle was burglarized at night.
In all situations, you should notify your insurer within a few days of the accident happening, regardless of fault. They may choose to investigate the fault, and they could even open a claim with another party’s liability insurance on your behalf if they deem it appropriate.
Filing Under Someone Else’s Insurance
Illinois law requires all vehicle owners to carry a minimum amount of liability insurance, which provides coverage in the event that the owner or the driver of the vehicle causes an accident that injures or causes property damage to another.
Illinois’ minimum liability insurance amounts are as follows:
- $25,000 for injury (or death) to one person
- $50,000, total, for all injuries (or deaths) occurring in a single crash
- $20,000 for damage to a vehicle or other property belonging to one person
It is always prudent to rule out the possibility that another party is liable for the crash before accepting fault or claiming under your own policy. You can refer to a licensed attorney for guidance on fault and filing a claim for the maximum damages available.
What Damages Are Available in a Typical Car Accident Auto Insurance Claim?
While every claim is different, most will involve one or several of the types of damages listed below:
- Injury treatment costs stemming from professional care at a licensed medical facility, including the projected costs of future care and rehabilitation
- Lost income stemming from an inability to work while recovering from injuries, including both total losses of income for a period or a reduction in income, as well as any lost benefits, commissions, bonuses, tips, etc that would have been earned or retained if not for the accident.
- Out-of-pocket expenses, such as the costs of transportation to medical appointments, the costs of renting a vehicle while yours is being repaired, etc
- Pain and suffering compensation for your physical discomfort and mental hardship, including your loss of ability to enjoy life or spend time with loved ones
- Vehicle repairs and personal property replacement for all property damaged in the crash
- Wrongful death damages, including the costs of a funeral and burial as well as losses of household income and the pain and suffering of surviving loved ones
How Long Does the Insurance Company Have to Respond to My Claim?
Illinois law requires that insurers process claims in a timely manner.
The claims process begins once you have notified the insurance company of the wreck and stated your intent to possibly file a claim. Insurance companies then have 15 working days to provide you with the forms needed to process your claim (215 ILCS 5/143.23a).
Once you have submitted your claim, the company has 60 days to respond with an acceptance/denial or a “reasonable written explanation of the delay,” according to Illinois Administrative Code Part 919.80(b)(3).
What Is the Statute of Limitations on Insurance Claims in Illinois?
Those injured in a crash have two years from the date of the accident or the discovery of their injury to file a claim. Property damage claims have a five-year window from the date of the collision, regardless of when the damage was discovered.
Our Chicago Car Accident Auto Insurance Claims Law Firm Is Ready to Fight for Top Dollar for Your Claim
When you have suffered from an injury, don’t assume the insurance company will do the right thing and offer you the maximum benefits available. Instead, know that you must protect your legal interests, including being careful about what you say and how you say it.
Insurance companies will do anything they can to hurt your ability to file a claim. For example, they may request that you open your entire medical history to them when all they need is the documentation for your recent injury treatment.
Hiring an attorney protects you from tactics like these while giving you access to resources and strategies that increase your ability to recover fully from the accident.
The Personal Injury Lawyers™ are a proven and trusted Chicago law firm, and we are here, ready and waiting to help you handle your claim. Learn what damages you could be eligible to receive and what you can do to maximize your chances of success when you call (312) 999-9990 or contact us online to schedule a free, no-obligation case evaluation today.
