When another motorist ignores traffic laws or drives carelessly, an unexpected trip to the hospital could suddenly become part of your reality. In addition to dealing with painful injuries, you may face a mountain of medical bills and be unable to return to work for some time.
Meanwhile, your regular expenses still need to be paid, and your car isn’t going to repair itself. You may seek assistance from the at-fault driver’s insurance company, but the insurance adjuster could be less than helpful.
At The Personal Injury Lawyers™, we understand how life-altering a car accident can be, and we’re here to help you regain control. We offer free consultations to discuss your options for pursuing compensation.
Even if you’re uncertain who is responsible or whether car insurance will cover your expenses, we’ll provide the guidance and answers you need. Please reach out to us today to learn how we can assist you.
Could an Orland Park Car Accident Attorney Help Me Get More Than the Insurance Company Offered?
It’s hard to answer that question without knowing the details of your case. We can tell you that an insurance company’s first offer is frequently much lower than the actual value of the claim.
An experienced car accident attorney will review your case, add up your damages, and determine approximately how much the total value is. We’ll start by asking about the following potential losses:
Medical Expenses and Related Costs
These encompass both current and future medical bills. Insurance adjusters may push for a quick settlement while you’re still undergoing treatment, potentially overlooking critical expenses, so we usually won’t recommend settling until your treatment is finished.
We’ll also account for out-of-pocket costs like prescription medications, mobility aids, home accessibility modifications, physical therapy equipment, or hiring assistance for tasks you can no longer manage.
Lost Wages and Diminished Earning Capacity
We’ll ensure you recover compensation for time missed at work, including any PTO you used during recovery. If your injuries result in a lasting impairment that affects your ability to earn a living, we’ll advocate for fair compensation for your reduced earning potential.
Damage to Property
You deserve proper reimbursement for any damage to your vehicle or personal items, such as electronics or other belongings affected by the accident.
Non-economic Damages
These cover losses like pain and suffering, emotional distress, loss of companionship, and similar impacts that are harder to measure. Insurers often calculate these damages using a multiplier formula based on injury severity, but lowball offers can occur if the extent of your suffering is undervalued.
If we believe the adjuster assigned a value that is too low as the “multiplier,” we will argue for them to reconsider.
Wrongful Death Compensation
If a car accident ends your loved one’s life, wrongful death damages may include costs for final medical care, funeral and burial expenses, loss of companionship or support, and other related damages.
Once we know the claim’s value, we’ll compare it to the insurance company’s offer. If the numbers are reasonably close, accepting the offer is likely in your best interests.
However, if the insurance company has undervalued your claim and you want to pursue a more comprehensive settlement, we can negotiate with the insurer for you.
Why Does the Insurance Company Think I’m at Fault?
One of the most prevalent reasons insurance companies deny claims or try to reduce their value is the assumed fault of the injured party. If the insurance adjuster can find any justification to claim you are responsible—even partially—they can save their company money on the claim.
And regardless of what they might tell you about their goals, their main job is to save the company money.
Their basis for blaming you has to come from some piece of evidence, even if it’s not particularly strong. Here are several common reasons the insurance company might think you are at fault:
The Other Driver Says You’re at Fault
Disputes about responsibility are routine after an accident. Both drivers may have very different accounts of how the crash occurred, and the responding police officer is tasked with working out the truth.
If there are no other witnesses and limited evidence at the scene, the police report could be inconclusive or incorrect. Meanwhile, the other driver’s insurance adjuster is likely to back up their version of events because it benefits them.
You Gave the Insurance Adjuster a Statement, and They Interpreted Something You Said as Indicative of Fault
This is a surprisingly easy trap to fall into. The adjuster may be friendly and put you at ease, saying they just need to ask a few questions to get your claim started, etc.
You speak carefully, trying to emphasize that you were not at fault. The conversation is recorded, and the adjuster reviews it later, searching for any comment they can construe as suggesting fault.
A General Lack of Evidence
As we discussed earlier, the police will investigate the accident, but in some cases, the evidence available is minimal. Often, the responding officers are needed elsewhere and have to write a report based on conflicting stories and little else.
It’s easier for the insurance adjuster to blame you if there is less solid evidence, so we will often conduct our own investigation. Our team will visit the accident scene and search for additional witnesses, video from nearby doorbell or security cameras, etc.
If you took photos of the scene (especially any tire marks on the road), these would also be helpful.
If the insurance company has already rejected your claim based on fault and you feel this is incorrect, you may have the idea to call and argue with the insurer. We understand your desire to set things straight, but we advise you not to call the insurance company.
Unfortunately, this often worsens the situation as it gives the adjuster even more statements to comb through for signs of fault.
Instead, contact a car accident lawyer right away so we can gather evidence and develop a strategy to win your case.
What Other Factors Affect Your Car Accident Settlement?
Aside from fault, your potential settlement could be reduced if the insurance adjuster undervalues your damages. This can happen for several reasons—the adjuster may not include some damages, or they could underestimate the value of others.
With medical bills, the adjuster might deem some medical treatments unnecessary, even if your doctor prescribed them. They may also try to settle your case quickly—before your treatment is finished.
As discussed earlier, your lawyer will hold off on settling to ensure all medical bills are included. We don’t want you to receive a surprise bill after the case is complete (However, if your injuries are severe and it appears you will need lifelong care, we will estimate your future costs).
Regarding pain and suffering, adjusters often use the “multiplier method” we discussed earlier to determine compensation. They assign a number between 1.5 and 5 based on the severity of your injuries and multiply it by your total medical costs.
Again, settling before all the bills come in can cost you the money you deserve. The other potential issue is that they might assign a multiplier that’s too low, again reducing the final settlement.
We’ll work to ensure your non-economic damages are also estimated fairly.
The policy limit can be another factor in your settlement. Insurance policies always have a maximum payout limit for claims. In Illinois, state law mandates that drivers carry a minimum of $25,000 in bodily injury liability coverage per person, $50,000 per accident, and $20,000 in property damage liability.
While some drivers opt for higher coverage amounts, if the driver at fault in your case only carries the minimum, their policy may cap your compensation at these limits.
However, if there is a significant gap between what you deserve and what the policy covers, we will explore other options for recovering the difference. It is possible to sue the driver, but we don’t recommend this option unless the driver has enough assets to cover the judgment.
If not, we may be able to recover from your underinsured motorist coverage, which is not required in Illinois unless you buy higher amounts of uninsured motorist insurance. Fortunately, many motorists buy both at the same time.
In some situations, we may recover up to the policy limit of both the at-fault driver’s liability policy and your underinsured motorist policy.
In rare cases, we might be able to bring a claim against a third party who contributed to the accident or your injuries. For example, under certain circumstances, a person injured by a drunk driver can sue a restaurant or bar that overserved the drunk driver.
What Happens if You Are Hit By a Car While Riding a Bicycle?
In 2021, there were 2,352 bicycle/car accidents in Illinois. Of these, 36 were fatal, and 2,137 (around 90 percent) resulted in injuries.
Unfortunately, cyclists often sustain devastating injuries when hit by a car, which is much heavier and sturdier than a bicycle. Aside from a helmet, most bicyclists have little protection from a collision, while the car’s occupants are shielded by seatbelts, airbags, and the vehicle’s strong frame.
While you are suffering from a potentially severe injury and in too much pain to think straight, the vehicle driver might be telling the police that you were at fault.
Frequently, bicycle accidents happen at intersections, and the driver claims to have had the right of way. If you find yourself in this situation, we recommend contacting a lawyer as soon as possible so they can begin collecting evidence to prove your case.
We also see accidents where a cyclist is sideswiped, usually by a car traveling in the left lane. Illinois law says that bicyclists can ride in any lane if they are traveling as fast as traffic, but otherwise, they should stay in the right lane except in certain situations, such as preparing for a left turn.
The state also gives bicyclists the “right to room” in the right lane, prohibiting drivers from passing a biker if there is less than three feet between the vehicles.
These accidents are often caused by a driver who ignored the “three feet” rule, but proving how much space existed between the car and bike can be challenging. Again, time is not on your side—your best chance of proving your case is to find video evidence from a nearby camera (doorbell, security, dashcam).
However, videos are deleted frequently, so if such evidence exists, we must act quickly to find it.
Visibility can also be a factor in bicycle/car collisions. Usually, the biker sees the car, but the driver doesn’t see the cyclist. However, the biker might assume the driver sees them.
In these cases, the motorist’s car insurance company sometimes claims the biker is at least partially at fault. The driver may assert that they didn’t see the cyclist, especially if the accident happened at night or in poor visibility conditions.
If the bike wasn’t equipped with the proper reflectors or the light wasn’t in use when it should have been, the bike rider may be at least partially at fault. However, this is another situation where the two parties could have different recollections of what happened.
A car accident lawyer will help you gather evidence and fight for a fair settlement.
How Can You Learn More From an Orland Park Car Accident Law Firm?
Were you or a loved one recently involved in a motor vehicle accident and now have questions or concerns? The team at The Personal Injury Lawyers™ is here to offer a free consultation about your case.
Our experienced Orland Park personal injury attorneys will evaluate your situation, answer your questions, and guide you through the process of pursuing compensation. If there’s a way to recover your damages, we’ll help you find it.
Founded by Attorney Robert S. Fakhouri, The Personal Injury Lawyers™ team is dedicated to helping injured individuals and their families obtain the justice and financial recovery they deserve. With millions of dollars secured for our clients, our firm is prepared to assist you every step of the way.
Contact our team today at 312-999-9990.
