Filing a Car Crash Insurance Claim

 Posted on December 00,0000 in Car Accidents

There is no getting around the headache that accompanies the insurance claim process following an auto accident. The moment you are in a collision, you are faced with a number of challenges, especially if any kind of injury was incurred due to the crash. Add potential passenger injury to the list of concerns, and you have your work cut out for you. If your passenger experienced injury alongside you, the situation instantly turns messier, further complicating the insurance claim process.

Choosing a First-Party or a Third-Party Claim

As tricky as the claim process can be after an accident, it is crucial to follow through with the help of proper legal assistance to ensure your rights are protected in the aftermath. In the state of Illinois, the law requires drivers to carry bodily injury and property damage liability insurance. This coverage is intended to help pay for any damages they cause in an accident. A first-party claim means you are filing with your own insurance company (assuming you have the proper coverage), while a third-party claim means you are filing with the other driver’s insurance company. You have the option to choose the type of claim you will pursue, but be aware that insurance laws can differ, depending on the circumstances surrounding the accident.

Who Is Responsible?

Once you file a claim, the investigation process begins. The insurance company will determine if a policyholder is at fault and offer a settlement from there. Illinois has something called a “comparative negligence” law, which can affect the collection of damages and your overall settlement. Under this law, more than one person can be at fault in a collision. For example, if you are fifty percent or less at fault, you may be eligible to collect damages.

Once fault is determined and settlements are offered, it will ultimately be up to you to accept and sign a “release for damages.” If you have ongoing medical bills due to a bodily injury claim, you may not feel comfortable settling this part of the claim until you are certain that the final amount is acceptable to you. This is where the need for experienced legal assistance comes into play. If you have been injured in a collision, it is imperative that proper fault is established and that you are justly compensated for your injury.

If you are in a car accident, talk with an experienced Lake County injury attorney for guidance with the insurance and bodily injury claim process. Call Salvi & Maher, LLP today at 847-662-3303 for a personal consultation.

Source:

http://insurance2.illinois.gov/AutoInsurance/auto_other_co_claim.asp