The car accident claims process in Illinois can be overwhelming, especially when you’re dealing with injuries, property damage, and pushback from insurance companies. Understanding Illinois car accident laws, the steps to take after a crash, and the challenges you might expect in your claim is crucial for protecting your rights and maximizing your compensation.
Dodds Law Office in Bloomington has been protecting the rights of car accident victims for over 20 years. Our team has created this guide to walk you through how to file a car accident claim in Illinois, from the immediate aftermath to final settlement.
Understanding Illinois Car Accident Laws
Illinois operates under a fault-based insurance system, meaning the driver who caused the accident is responsible for damages. This system affects how you file claims and pursue compensation. Unlike no-fault states, Illinois allows accident victims to seek compensation directly from the at-fault driver’s insurance company or through their own coverage.
What You Should Know About Illinois Minimum Insurance Requirements
To make sure injured victims have some source of recovery after an accident, every Illinois driver must carry minimum liability insurance coverage of 25/50/20.
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $20,000 for property damage per accident
On paper, these coverages are a safety net. In reality, the minimums often fall short of covering serious accident costs. Fortunately, other sources of recovery like uninsured/underinsured motorist protection can help cover your losses.
How the Illinois Car Accident Claims Process Works
This is a general overview of the car accident claims process for an average Illinois injury case. It’s not going to fit every scenario. Some people with minor injuries and few expenses will be able to skip a few of these steps. In crashes where severe or catastrophic injuries or deaths occurred, or multiple parties are liable, the process can be even more complicated.
Step 1: Investigation and Fault Determination
Shortly after the accident happens, insurance companies will investigate the accident to determine fault. If you haven’t hired an experienced car accident attorney yet, do so now. In most cases, both sides will conduct their own investigations. They will review police reports, interview involved parties and witnesses, examine vehicle damage, and may reconstruct the accident. Rarely will they agree on the result.
Step 2: Medical Treatment and Documentation
Continue following your doctor’s treatment plan as your case progresses, and keep detailed records of all medical expenses, including hospital bills, prescription costs, physical therapy, and any ongoing treatment. Document how your injuries affect your daily life and work capacity.
Step 3: Calculating Damages in Your Car Accident Case
Your lawyer will help you calculate your damages. Illinois allows recovery for economic and non-economic damages:
Economic Damages:
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Property damage
- Transportation costs for medical appointments
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
Step 4: Filing Your Car Accident Claim
You have several options for filing a claim in Illinois. Your injury attorney will be able to advise you on the best way to proceed. You can:
File with the At-Fault Driver’s Insurance: You can file directly with the other driver’s insurance company. This is often the preferred route in Bloomington when fault is clear.
File with Your Own Insurance: If you have collision coverage, you can file with your insurer, who may then seek reimbursement from the at-fault driver’s insurance company through subrogation.
File a Lawsuit: If insurance settlement offers are inadequate, you can file a personal injury lawsuit. Illinois has a two-year statute of limitations for most personal injury claims.
Step 5: Negotiating a Settlement
Most car accident claims settle out of court. In most cases, the insurance company will make an initial settlement offer shortly after the accident. Their first offer is almost always going to be lower than what your claim is worth. Don’t accept their offer. Don’t entertain discussions about the accident. Don’t even talk to them. Send them directly to your attorney.
Common Challenges in Illinois Car Accident Claims
The car accident claims process rarely goes smoothly. There’s almost always some type of issue that holds up injured victims’ payouts. Most of the time, those issues have to do with the at-fault driver’s insurance company. The most common challenges plaintiffs can expect to face include:
Dealing With Insurance Adjusters
Insurance adjusters work for the insurance company, not for you. They’re trained to minimize payouts and may use tactics to get you to accept less than you deserve. Common strategies include:
- Requesting recorded statements to find inconsistencies
- Offering quick, low settlements before you know the full extent of your injuries
- Questioning the necessity of medical treatment
- Suggesting you were partially at fault
Comparative Fault Issues
Illinois’s modified comparative fault rule can significantly impact your compensation. If you’re found to be 30% at fault for an accident, your compensation will be reduced by 30%. If you’re more than 50% at fault, you cannot recover any damages. Even minor slip-ups—like faulty brake lights—could cost you significant recovery later on.
Dealing with Uninsured or Underinsured Drivers
Despite Illinois’s mandatory insurance laws, some drivers operate without insurance or carry insufficient coverage. If you’re hit by an uninsured or underinsured driver, you’ll need to rely on your own uninsured/underinsured motorist coverage if you have it.
At-Fault Drivers Lie May About the Accident
It’s not uncommon for at-fault drivers to lie about their role in car accidents to avoid tickets, criminal charges, or hikes in their insurance premiums. Without solid evidence that shows what really happened, it’s your word against theirs.
Tips for Maximizing Your Car Accident Claim
There are a few things you can do to help the car accident claim process go a little smoother and increase your chances of receiving a larger payout. If you follow these tips, your attorney, and your wallet, will thank you.
Keep Detailed Records
Maintain comprehensive records of everything related to your accident:
- Medical records and bills
- Photos of injuries and their progression
- Work absence documentation
- Insurance correspondence
- Receipts for accident-related expenses
Follow Medical Advice
Attend all medical appointments, follow treatment plans, and don’t skip physical therapy. Insurance companies often argue that gaps in treatment indicate injuries aren’t serious.
Be Cautious on Social Media
Avoid posting about your accident or injuries on social media. Insurance companies often monitor social media accounts for information they can use to dispute claims.
Don’t Rush to Make a Deal With the Insurer
Initial settlement offers are typically low. Take time to understand the full extent of your damages before accepting any offer.
The Timeline for Illinois Car Accident Claims
The claims process timeline varies depending on case complexity, but here’s what most people can expect:
- Immediate to 1 week: Report the accident, seek medical attention, begin documentation
- 1–4 weeks: Initial investigation by insurance companies
- 1–6 months: Medical treatment and claim development
- 3–12 months: Negotiation and settlement discussions
- 1–3 years: Litigation if settlement isn’t reached
Protecting Your Rights After an Illinois Car Accident
Understanding the car accident claims process in Illinois empowers you to make informed decisions and protect your interests. Remember that insurance companies are businesses focused on minimizing payouts, not maximizing your compensation.
Whether you’re dealing with minor injuries or serious, life-changing damages, knowing your rights and options is essential. The claims process can be complex, but with proper preparation and potentially professional legal help, you can navigate it successfully and secure the compensation you deserve.
Your future recovery and financial stability may depend on the decisions you make in the critical weeks and months following your accident. If you’re facing challenges with your car accident claim, or you have questions about your rights under Illinois law, don’t hesitate to consult with our law firm. We can provide guidance specific to your situation.
