Auto Accident Insurance Claims: The Proper Procedures

Auto accidents can be a simple annoyance or a horribly traumatic experience. Regardless of the type or severity of an accident, there are rules to follow and things you should be aware as you begin your insurance company's claims process. Consult a good car accident attorney in Chicago if you have any questions about the following important points to remember.

Call 911

Obviously, it's best to first call 911 after an accident has occurred. Emergency operators are trained to determine exactly which first responders should be dispatched to your scene. Once any injured persons have been stabilized and the accident situation is secure, call your insurance company and report the accident.

Get Information

Don't allow any other involved drivers to leave the scene before you exchange required information. This should include driver's license numbers, all contact information and insurance policy details. If there are any witnesses available, get all of their contact information also. While any competent car accident attorney in Chicago can help discover this data later, it's much better to get it upfront.

Be Honest

Do be honest with your insurance company. Any dishonesty could cause a future claim to be denied because of fraud.

Don't Admit It

Never admit fault to anyone. It is the job of the police to investigate what has happened, and it's the job of your insurance company to ultimately place blame. You're paying your insurance company to represent you, so let them do their job.

Don't Be late

Insurance policies do include time limitations, and coverage can run out if a claim is not filed timely. If you do run into this problem, contact a car accident attorney in Chicago for help.

Don't Necessarily Believe What the Adjuster Tells You

One job of an insurance adjuster is to get your car fixed as cheaply as possible. Insurance companies are businesses, and any money they spend on your claim is money that subtracts from their bottom line. Your policy and the laws of Illinois give you specific rights. You may be able to choose your own repair shop and you should be allowed to get a number of estimates for repairs.

Insurance companies can be difficult to deal with. While TV commercials often represent them as customer friendly and caring , the opposite can be true, especially in the case of  an adversary proceeding. Don't hesitate to call a Chicago Auto Accident Attorney for help.

What Comparative Negligence Means to Car Accident Lawyers in Illinois

Car accident lawyers in Chicago, Illinois work under a comparative fault system that governs the allocation of liability. In Illinois, the term is comparative negligence, but you may see it as comparative fault or comparative responsibility, as well. Understanding how this law affects the rights of Illinois drivers is critical when considering an accident claim.

The Basics of Illinois Comparative Fault

Proportional comparative fault is a key part of determining case viability. This law applies in accident situations where more than one party is responsible. For example, one car making a turn across a lane hits a car speeding down the road. Technically, the turning car hit the speeding car, but both share responsibility for this accident.

How Comparative Negligence Affects Illinois Drivers

Comparative negligence is a standard established by the state to determine percentage of fault when recovering damages. This law affirms that a party may only file an insurance claim for damages if they are less than 50 percent responsible for the accident. In addition, the insurance company can reduce the claim payment by a fault percentage. If the determination is one party must take 20 percent of the fault for the accident, the company cuts the recovery payment by that percentage.

When you file a claim with an insurance company, they make an offer based upon what they believe to be their insured’s amount of negligence. The claim adjuster interviews the parties involved and reviews the official accident report. With all of the facts on the table, the adjuster suggests a dollar amount to cover the damages and then determines the percent of fault of their insured.

What If the Fault Percentage is Wrong

It is possible that you will disagree with the insurance company’s determination for the level of their insured's negligence. When this happen, you can have your car accident attorney in Illinois file a complaint with the Department of Insurance. They can request the company review that matter. If that is not productive in resolving the discrepancy, then it becomes a civil case for the courts.

Laws like comparative negligence make seeking a car accident attorney in Illinois vital when there is a problem. Comparative negligence can significantly reduce the amount of your damage payment, even if the accident is not your fault. It is the job of the lawyer to represent your interests to get a fair settlement.