The Role of Insurance in Auto Accident Claims: What You Need to Know
Auto accidents can turn your life upside down in an instant. Between medical bills, vehicle repairs, and lost wages, the aftermath of a crash can be overwhelming. That’s where insurance comes in—but dealing with insurance companies isn’t always as straightforward as it should be.
Having an experienced auto accident attorney from our firm at Alberts Curran & Eiler P.C. on your side can make a significant difference in how your claim is handled and whether you receive fair compensation. If you’re in Chicago, Illinois, we can help you understand the role of insurance in auto accident claims.
Insurance in Auto Accident Claims
Insurance is meant to provide financial protection after an accident, but companies often prioritize their profits overpaying claims. The way an insurance company evaluates your claim depends on the circumstances of the accident, the coverage involved, and state laws. Knowing how these factors interact can help you better understand your case.
Types of Insurance Coverage in Illinois
Illinois follows a fault-based system, meaning the at-fault driver’s insurance is responsible for covering damages. Here are the primary types of insurance coverage that come into play:
Liability insurance: Covers damages and injuries caused to another person if you’re at fault. Illinois law requires minimum coverage of $25,000 per person and $50,000 per accident for bodily injury, plus $20,000 for property damage.
Uninsured/underinsured motorist coverage (UM/UIM): Protects you if the at-fault driver has no insurance or insufficient coverage.
Personal injury protection (PIP) and medical payments coverage: While not required in Illinois, these policies can help cover medical expenses regardless of fault.
Collision and comprehensive coverage: Helps repair or replace your vehicle after an accident, with collision covering crash-related damages and comprehensive covering theft, vandalism, and weather-related damage.
How Insurance Companies Evaluate Claims
Insurance adjusters are trained to minimize payouts. They use various tactics to undervalue claims, such as questioning medical treatments, arguing about liability, or delaying responses. Your auto accident attorney can counter these strategies and push for the compensation you’re looking for.
Some of the key factors insurers consider when evaluating a claim include:
Police reports: These documents provide an official account of the accident, including statements from both drivers and witnesses.
Medical records: The severity of your injuries plays a major role in the amount of compensation you may receive.
Property damage estimates: Insurers assess vehicle damage to determine repair costs.
Statements from involved parties: Anything you say to the insurance company can be used against you, which is why speaking with an attorney before making a statement is crucial.
Challenges When Dealing with Insurance Companies
Insurance companies are businesses, and their goal is to pay out as little as possible. Common challenges include:
Lowball settlement offers: Initial settlement offers are often far below what victims actually need.
Delays in processing claims: Some companies intentionally delay claims to frustrate victims into accepting lower payouts.
Disputes over liability: Insurers may try to shift blame onto you to reduce their financial responsibility.
Your auto accident attorney can challenge these tactics by gathering strong evidence, negotiating aggressively, and, if necessary, taking the case to court.
The Importance of Legal Representation
Many accident victims think they can handle their claims alone, only to realize how difficult dealing with insurers can be. A skilled auto accident attorney can:
Communicate with the insurance company on your behalf to prevent you from making statements that could hurt your claim.
Gather crucial evidence like medical records, witness statements, and accident reconstruction reports.
Negotiate aggressively to maximize your settlement.
File a lawsuit if necessary to hold the insurance company accountable.
Illinois-Specific Insurance Laws and Requirements
Illinois law has specific insurance regulations that impact auto accident claims. According to the Illinois Department of Insurance, drivers are required to carry liability insurance, and failure to do so can result in fines, license suspension, and even impoundment of the vehicle.
Additionally, Illinois follows a modified comparative negligence rule, meaning that if you’re found more than 50% at fault for an accident, you can’t recover damages.
Steps to Take After an Auto Accident in Chicago
If you’re involved in an accident in Chicago or surrounding areas such as Dupage County, Cook County, Lake County, or Will County, taking the right steps can strengthen your claim:
Seek medical attention: Even if injuries aren’t immediately apparent, getting checked out is crucial.
Call the police: A police report provides an official account of the accident.
Gather evidence: Take photos, collect witness statements, and document everything.
Avoid speaking to the other driver’s insurance: Anything you say can be used against you.
Consult an auto accident attorney: Legal guidance can help protect your rights and maximize compensation.
Frequently Asked Questions About Auto Accident Insurance Claims
1. What Should I Do If the Other Driver Doesn’t Have Insurance?
If the at-fault driver is uninsured, you may be able to file a claim under your uninsured motorist coverage. An auto accident attorney can help you explore your options.
2. How Long Do I Have to File an Insurance Claim in Illinois?
Illinois law requires most accident claims to be filed within two years of the crash. However, insurance companies often have shorter deadlines, so it’s best to act quickly.
3. Will My Insurance Rates Go Up If I File a Claim?
If you weren’t at fault, your rates may not increase. However, if you caused the accident or have multiple claims, your premiums could rise.
4. Can I Handle My Claim Without a Lawyer?
You can, but insurance companies often take advantage of unrepresented claimants. An attorney helps level the playing field and fights for fair compensation.
5. What If the Insurance Company Denies My Claim?
If your claim is denied, an attorney can review the reasons, gather additional evidence, and appeal the decision.
6. How Is Fault Determined in Illinois Auto Accidents?
Illinois follows a modified comparative negligence rule, meaning fault is divided among involved parties. If you’re more than 50% at fault, you can’t recover damages.
7. Can I Sue the Insurance Company If They Offer Me Too Little?
If the insurer acts in bad faith or refuses to offer a fair settlement, you may be able to take legal action. Your attorney can advise you on the best approach.
8. What Expenses Can I Recover Through an Insurance Claim?
You can seek compensation for medical bills, lost wages, vehicle repairs, and pain and suffering.
9. What Happens If My Damages Exceed the At-Fault Driver’s Policy Limits?
If damages exceed policy limits, you may be able to seek additional compensation through your underinsured motorist coverage or a personal injury lawsuit.
10. How Can an Attorney Help With My Claim?
An experienced auto accident attorney gathers evidence, negotiates with insurers, and fights for maximum compensation on your behalf.
A Key Fact About Auto Insurance Claims
According to the National Highway Traffic Safety Administration (NHTSA), over 6 million police-reported crashes occur in the U.S. annually, with auto accident-related injuries costing billions in medical expenses and lost productivity. Insurance companies often attempt to limit these costs by offering lower settlements, which is why having representation is so important.
Call Alberts Curran & Eiler P.C. Today
Insurance companies play a huge role in auto accident claims, but their interests don’t always align with yours. Working with an experienced auto accident attorney can mean the difference between a minimal settlement and full compensation if you've been injured in an accident. Don’t let insurance companies dictate the outcome of your case—get the legal support you need to fight for your rights. Turn to Alberts Curran & Eiler P.C. in Chicago, Illinois.