How to Deal with an At-Fault Driver’s Insurance Company in Illinois

Tuesday, August 6, 2024

How to Deal with an At-Fault Driver’s Insurance Company in Illinois

Written by Malman Law, reviewed by Steve J. Malman.

If you were involved in a car accident where you believe the other driver was at fault. It’s important to review the tort laws governing Illinois. Like most states in the U.S., Illinois follows a fault-based insurance system.

Comparative Negligence

The state has established laws that support the doctrine of comparative negligence. The idea behind the system is to lower the cost of auto insurance and the amount of small claim lawsuits filed after auto collisions.

Establishing guilt and filing a claim takes the skills of a Chicago car accident attorney.

Therefore, motorists in Illinois are responsible for covering the other party’s damages if they are over 50% at fault for a vehicle crash. The legal doctrine, in this case, allows a victim to seek compensation for losses up to the percentage that the other driver is at fault. For example, you are entitled to ask for 60% of the cost of your losses if the at-fault driver is 60% at fault.

No-Fault Insurance vs. At-Fault Insurance: The Differences

Insurance laws in the U.S. fall under two classifications: no-fault and at-fault insurance. Twelve states mandate no-fault insurance laws. Drivers in no-fault states solely depend on the other motorist’s insurance coverage for their medical costs following an accident, even if the other party is at fault. In this case, they have to buy personal injury protection (PIP) or no-fault insurance for coverage.

How to Deal with an At-Fault Driver’s Insurance Company? In at-fault states, like Illinois, the at-fault driver is responsible for the other party’s injuries and property damage. So, you can file a claim with the at-fault policyholder’s insurance company to pay for your injuries.

Comparative negligence claims in at-fault states take longer to process because the insurance company has to establish liability following the accident. That is why you should consult with a car crash lawyer before you speak to the other party’s insurers.

State Auto Insurance Requirements

Auto liability insurance, like in all states, is mandatory when you drive a car. The state law requires that you have the following:

• $25,000 liability insurance per person for bodily harm and wrongful death
• $50,000 in accident coverage for bodily injury and wrongful death
• $20,000 for property damage coverage

Uninsured Motorist Coverage

Uninsured motorist insurance is built into the state’s liability protection and matches the liability limits you’ve set for coverage. If an uninsured motorist hits you, this insurance ensures extra protection if the other driver is at fault.

Don’t Drive Without Insurance

If you don’t take out the state’s mandatory liability insurance and property damage coverage, you can get your license suspended and be subject to a fine of up to $10,000. So, driving without insurance has some strong repercussions – repercussions that can have a long-lasting impact on your quality of life.

Understanding the At-Fault Driver’s Insurance Company’s Perspective

The other driver’s insurance company has a job to do. They want to pay as little money as possible for the accident, close the case quickly, and find reasons why they shouldn’t have to pay.

Remember, they’re not on your side. Their goal is to save money for their company, not help you, so you need to be careful when dealing with them.

Recognizing their tactics

Insurance companies might use some tricks to pay less.

Here are some things they might do:

• Ask you to give a recorded statement right away
• Try to get you to say the accident was partly your fault
• Offer you a quick settlement that’s less than you deserve
• Say you don’t need a lawyer
• Ask for information they don’t really need

Protecting yourself from manipulation

Here’s how you can stay safe from insurance company tricks:

• Don’t agree to give a recorded statement without talking to a lawyer first
• Be careful what you say about the accident
• Don’t sign anything without understanding it completely
• Don’t give them consent to access your entire medical history
• Don’t take the first offer they give you
• Consider talking to a lawyer before dealing with the insurance company

Communicating with the At-Fault Driver’s Insurance Company

If you do talk to the other driver’s insurance company:

• Be polite but careful
• Stick to the basic facts of what happened
• Don’t guess about things you’re not sure about
• Don’t talk about your injuries until you’ve seen a doctor
• If you’re not comfortable answering a question, say you need to think about it

Let your insurance company and attorney handle it

The best thing to do is often to let others handle the insurance company for you:

• Tell your own insurance company about the accident right away
• If you have a lawyer, let them talk to the other insurance company
• Your insurance company can often deal with the other company for you
• A lawyer knows how to handle insurance companies and protect your rights

Avoid providing unnecessary information

Be careful about what information you share:

• Don’t give them access to all your medical records
• Don’t tell them about old injuries or accidents unless your lawyer says to
• Don’t share personal information they don’t need
• Don’t post about the accident on social media

The less extra information you give, the less they can use against you.

Gathering Evidence to Support Your Claim

To help your case, collect as much information as you can:

• Take pictures of the accident scene and all damaged cars. Typically, take photos of all vehicles involved, any damage you can see, skid marks, road conditions, traffic signs, and any other relevant details at the scene. Detailed photos can provide crucial evidence of what happened and the extent of the damage.

• Get the names and phone numbers of any witnesses. Witnesses can provide an unbiased account of the accident. Make sure to get their full names, contact information, and a brief statement of what they saw. This information can be invaluable if there are any disputes about what happened.

• Keep all bills and medical records related to your injuries. This includes hospital bills, doctor’s notes, prescriptions, therapy costs, and any other medical expenses. Detailed medical records help demonstrate the extent of your injuries and the costs associated with your recovery, which is important for your claim.

• Write down everything you remember about the accident. As soon as possible after the accident, write down your recollections of what happened. Include details like the time, location, weather conditions, and the sequence of events. This written account can help you remember important details later and provide a clear narrative of the accident.
• Keep a journal about how your injuries affect your daily life. Documenting the impact of your injuries on your daily activities, work, and personal life can help illustrate the non-economic damages you’ve suffered. Include entries about pain, emotional distress, missed work, and any limitations you experience as a result of the accident.

Good evidence can help you get a fair settlement. By collecting and organizing this information, you strengthen your case and increase your chances of receiving fair compensation for your damages and injuries.

Getting Reimbursed for Your Damages

Remember, if you’re hit by an at-fault driver, you are only eligible to receive the compensation set by the other driver’s insurance policy. As a result, the other driver’s insurance may not cover your total damages for the claim you wish to file. In this case, you need to speak to a personal injury attorney and consider filing a personal injury lawsuit.

Whether you negotiate an insurance claim or decide to file a lawsuit, talking to an attorney will ensure that you’ll get fair and equitable compensation for your injuries.

Call a Chicago Car Accident Lawyer Now

Do you have questions about negotiating a claim with another party’s insurance company to cover your costs after a vehicle crash? If so, it’s important to consult with a personal injury attorney first. In Illinois, contact Malman Law with your inquiries now.

Attorney For Car Accidents Near Me