Personal Injury Lawyer

Illinois, being an at-fault state, means that when a driver gets into an accident, the party responsible for the accident must also be responsible for compensating others for their losses and damages. In Illinois, whoever is more than 50% at fault owes other parties damages.

This is in contrast to the much less common no-fault systems of no-fault states, where each party involved in an accident must turn to their own insurance policy for compensation.

Specifically, Illinois follows a modified comparative fault system, which is a means of assigning fault to all liable parties. This system reduces the amount a party can claim based on their own degree of fault.

Say, for example, that John and Debbie get in an accident, and John is held 75% at fault. Let’s also assume he has to pay Debbie racked up $20,000 in medical expenses and other damages because it was a pretty serious car accident.

In this scenario, Debbie would only be entitled to $15,000 in damages because of her own 25% fault contributing to the accident.

Modified comparative negligence means that if both parties were equally responsible for an accident occurring, neither party can make a claim against the other. So if John and Debbie are both 50% at fault, they will have to pursue compensation through other means.

Besides fault dictating the limits to a personal injury claim, Illinois also has a statute of limitations that prevents claims from being made once a certain amount of time has elapsed since the accident. This is set at two years for personal injury and five for property damage.

Insurance claims that remain pending on the day the statute of limitations expires can still be pursued. However, the pending status of such claims does not allow you to extend the statute for the purpose of filing a lawsuit.

This is why having a lawyer to bring cases to a prompt conclusion matters for car accident cases.

There also used to be a cap on the amount of money that can be recovered from a claim. This was changed in 2010 after Lebron v. Gottlieb Memorial Hospital, which found caps to damage claims to be a violation of the state’s constitution.

The claims process might seem complex, especially for people making an insurance claim for the first time. However, it is, as we’ve mentioned, relatively straightforward, albeit challenging at times.

Contact Your Insurance Provider

You will have to inform your insurance provider of the accident in order to start your insurance claim. Give them the details of the accident, as well as any relevant information, including that of involved parties and witnesses and descriptions of damages.

Typically, your insurance company will contact the at-fault driver’s insurance company on your behalf. In the event that you both share the same insurance provider, they will assign separate agents to both of your claims.

A personal injury attorney can build a case for your claim as soon as the process starts. At this stage, that means gathering evidence to prove damages and that you need compensation.

The Insurer Sends an Adjuster

At this point, the insurance provider will assign an agent called an insurance adjuster to your case. Their job is to investigate the accident so they can assign a monetary value to the damages.

The adjuster will also – as the job title suggests – adjust the value they will recommend based on discoveries made during the investigation. In an at-fault state such as Illinois, this largely means determining the distribution of fault among all parties involved.

Negotiations

Once the adjuster’s investigation has concluded, they will report their findings to the insurance provider, who will then make a decision regarding your claim. If the claim is approved, you will be given an offer to cover the amount the adjuster recommended.

Sometimes, however, the claim can be denied. Alternatively, it may be approved, but the offer that follows might be insufficient to cover all your damages.

In these instances, your lawyer will help you file an appeal and will organize a negotiation with the insurance company to give you a fairer amount. It isn’t uncommon for lawyers to get their clients up to four times the initial offer, even after deducting their fees.

Lawsuits, Settlements, and Court Cases

If you cannot come to an agreement with the insurer, your lawyer can help you file a lawsuit. Most cases are settled out of court because both individual parties and insurance companies want to avoid the costs of a court case, but in either case, your lawyer will fight for you.

Prioritize Safety

Move away from danger as soon as you get your bearings, then tend to others. If you are unable to move, make yourself visible for others to help.

You may help move other victims, but do not attempt to relocate unconscious people, as you risk aggravating their condition as well as risking harm to yourself. The exception to this rule is if you have the training and experience to do so.

Check For Injuries

Try to identify any physical signs of harm to yourself, and then do the same for other people if you can. An account of your injuries will be useful when talking with the police as well as any lawyers, insurance agents, and involved parties later.

Contact Police and Emergency Responders

Dial 911 as soon as you can. Even if the accident is a minor one with little damage to any party, contacting a police officer is not only useful but required by law.

Provide relevant details to the 911 dispatcher. If an accident results in the injury of one or more people, 911 will also dispatch medical services and the fire department to provide aid as deemed necessary.

Get Medical Attention

If you can provide first-aid treatment for yourself and for others on the scene, you may attempt to do so while waiting for emergency services. When they do arrive, cooperate with them to ensure the situation remains stable.

You may have to get treatment at a hospital, in which case you will be forced to leave the scene. If so, do not resist, as your safety is still paramount, and any other concerns can be addressed later.

Gather Information at the Scene

You will want – and are legally required – to get the information of parties involved and provide yours in turn. More than that, you will want to document any additional information you can get at the scene.

Again, emergency services may send you to a medical facility, so you can do this before they arrive or get this information from police or other sources at a later date.

Contact Your Insurance Provider

Once things have settled down, contact your insurance provider to begin the claims process. You will also want to reach out to a personal injury lawyer to assist you through the process and maximize your claim.

Illinois, like all states, requires drivers to have liability insurance to pay for victims’ damages, typically represented on the policy as three numbers, separated by slashes. The lowest numbers you will (legally) find in Illinois are 25/50/20.

These stand for $25,000 in personal injuries per person, $50,000 in personal injuries per accident, and $20,000 in property damage. These are the minimum amounts an insured driver has to have, though plenty of drivers will opt for better protection with higher coverage.

Because the state of Illinois is an at-fault state and because drivers are required to provide information in the event of an accident, getting compensation is relatively straightforward – at least, once fault is established. Claimants simply contact the liable party’s insurer for payment.

Not to make light of the process and say it is easy, of course; after all, insurers aren’t just going to release five-to-six-figure sums to claimants. But that’s why people work with personal injury lawyers after car accidents to make their claims.

Unfortunately, the typical claims process is not possible in the case that the liable party is uninsured or underinsured. The same is true for hit-and-run accidents where neither the police nor the victims are able to identify the culprit.

In these cases, you may file a claim from your own state-required UM/UIM (uninsured motorist/underinsured motorist) insurance policy.

In addition to the aforementioned liability insurance, Illinois also requires drivers to have a minimum of $25,000 per person and $50,000 per accident in UM/UIM bodily injury coverage. Again, these are minimum amounts, and with larger coverage, claims can also be higher.

There is also the option of compensation through PIP insurance policies, though these are not required in Illinois.

Of course, just as there is the possibility of the other driver being uninsured, there is also the chance you do not have a UM/UIM insurance policy. In this case, you cannot seek compensation from any insurance provider.

There are other routes to compensation in these bleak scenarios, such as local assistance programs and crime victim compensation programs, and your lawyer may still be able to advise you which route is possible.