After a car accident in Bloomington, Illinois, you will soon start wondering about the obvious question of “Who’s going to pay for all this?”
Under the “at-fault” accident claim system in Illinois, you will need to file a personal injury claim with the responsible party’s insurance company.
From there, things can get complicated. There’s a lot to learn about the car accident claims process and relevant timelines in Illinois, as well as how to maximize your claim.
The following will help you get started.
What to do immediately after a car accident in Bloomington Illinois
After a car accident, your first thoughts should be to:
- Check for any injuries to you, your passengers, and third parties.
- Call the police so that a police report can be generated.
- Exchange information with the other driver(s).
- Document the scene, including video or photographs of the road conditions, damage, etc.
- Get a medical evaluation to document any injuries (even if you do not feel injured at the time of the accident).
Soon, you will need to turn your attention to:
- Getting your vehicle assessed for damage.
- Filing a car accident claim.
- Hiring an experienced Bloomington car accident lawyer.
How the Illinois car accident claim process works
The “at-fault” claim system in Illinois allows you to claim economic and non-economic damages from the insurance company of a negligent or reckless driver, including:
- Medical bills and all related follow-up medical expenses.
- Lost wages (present and future).
- Repair costs.
- Pain and suffering.
- Loss of quality of life.
Filing a claim and receiving a fair settlement are two entirely different matters, however. Loss adjusters from insurance companies may offer low settlements or deny claims entirely based on disputed liability or other techniques.
If that happens, it may be best to hire a car accident lawyer and file a lawsuit against the negligent party to claim the compensation you deserve for your injuries.
Here’s the two-track Illinois car accident claim process in a nutshell:
Negotiation and settlement
- File a claim with the at-fault party’s insurance company.
- Provide any further information required (avoid giving statements about what happened without first taking legal advice).
- If the insurance company accepts liability with a satisfactory settlement, accept the offer once you’ve confirmed with your lawyer that the settlement amount offered is acceptable.
- Await receipt of funds (within 30 days as per the statutory declaration).
Litigation
- If the insurance company disputes liability or attempts to pressure you into accepting an inadequate settlement, seek legal advice.
- File a lawsuit against the at-fault driver.
- Direct all communications with the insurance company to your lawyer.
- Have your lawyer negotiate a settlement with the insurance company.
- If no acceptable settlement is possible, your lawyer will present evidence at a trial, and a judge or jury will decide.
The vast majority of personal injury claims in Illinois are settled without the need for a trial, but litigation may be required to exert pressure on the insurance company to pay.
Understanding insurance company evaluations and adjusters
If you hire a Bloomington car accident lawyer, your claim will be valued based on previous case history and the unique circumstances of your case. Your lawyer will know the value of your claim and should not settle for less without a good reason.
Your lawyer’s valuation of the claim, after adding up all the bills, repairs, lost earnings, and pain and suffering damages, may not tally with the at-fault party’s insurance company valuation. This is when negotiations must begin.
Insurance companies hire loss adjusters to reduce payouts to claimants. Their interests are in direct competition with yours as the accident victim. Loss adjusters will investigate the accident in detail, assess your claim, and look for ways to reduce the claim, such as disputing the following:
- Liability: Under Illinois’ “modified comparative negligence” rule, if you are 50% or less at fault for the accident, you can still file a claim for damages (51%+ bars recovery entirely). The loss adjuster may try to argue that you should accept a larger portion of the liability (even 51% or over).
- The severity of your injuries: A loss adjuster may claim that your injury existed before the accident, especially if there was a delay in seeking medical treatment after the accident.
- The value of medical expenses or damage to property: While this is relatively straightforward to prove with receipts, insurance companies try many “angles” to reduce payouts.
Your lawyer may need to liaise with doctors, specialists, and sometimes financial experts to prove that the calculations for the claimed damages are justified and accurate.
How long does a car accident claim take to settle in Illinois?
Illinois car accident settlement timelines vary from as little as a month to a year or more. Every case is different. The time it takes from the accident to payout depends on:
- The complexity of the case (were multiple parties involved?)
- The severity of your injuries (if you have a catastrophic injury, it may take time to assess its full impact).
- The value of the car accident claim you make (is it in line with the insurance company’s valuation?)
- The attitude and strategy of the insurer (is there a preference for early settlement or will they dispute liability?)
- The proposed settlement offered (is it enough?)
- Is litigation and a trial required? (This almost always adds considerable time to claims).
Common mistakes that can hurt your injury claim
The mistakes that people commonly make in car accident claims in Illinois are:
- Delaying medical attention: This potentially opens the door for the insurance company to claim that you’re exaggerating your injuries.
- Failing to document the scene and gather evidence: A lawyer may be able to reconstruct the accident later, but evidence obtained at the time carries greater weight.
- Not reporting the incident to the police: This prevents a police report from supporting your claim.
- Posting on social media: This can be used as evidence by the insurance company to counter your claims.
- Accepting the first settlement offer: The first offer from the insurance company is rarely the “best” offer, so waiting for a better offer is often worthwhile.
- Not hiring a lawyer to handle the claim: Many car accident victims settle for less than they are entitled to because they fail to seek legal advice.
Contact our Bloomington car accident lawyer
If you’re in the Bloomington area and have suffered a car accident injury, contact a personal injury lawyer at Dodds Law Office, PC as soon as possible to get started on fighting for a fair recovery. No upfront attorney fees. Call us at (309) 829-9300 No upfront attorney fees.
