Do’s and Don’ts for Car Insurance Claims in Illinois

Car accidents are tragically common in Illinois, and they can turn your life upside down. You and your family do not have to face this situation alone; the car accident attorneys at The Kryder Law Group, LLC Accident Lawyers are here to help with legal representation to ensure that you are properly compensated for any injuries or damages incurred.

Even if you’re partly to blame for the accident, you and the other driver both have legal rights. So, it’s crucial to know the do’s and don’ts for car insurance claims in Illinois.

Filing a Car Insurance Claim in Illinois : DO

These are some recommended actions to take:

File a Police Report Immediately

Illinois statute (625 ILCS 5/11-408) requires crash reports be submitted to the Illinois Department of Transportation within 10 days of a motor vehicle accident.

Seek Medical Attention Promptly

Some injuries may not be immediately apparent, and a medical record can be vital evidence for your own insurance company or for the other driver’s insurance company.

Review Your Insurance Policy Before Filing a Claim

Understanding your insurance coverage and its limits can prevent any surprises during the claims process.

Contact Your Insurance Company Representative as Soon as Possible

Timely notification can expedite the claim process. Accurately relay accident details, share witness contacts and police report, but avoid admitting guilt or lying.

Document the Accident Scene

Photographs, witness testimonies, and descriptions can help establish the facts.

Retain a Car Accident Lawyer If Needed

Legal representation can help ensure your rights are protected and respected.

Filing a Car Insurance Claim in Illinois : DON’T

Avoid these actions when filing a claim:

Don’t Admit Fault at the Scene

This can potentially harm your claim, let the facts decide who’s at fault.

Don’t Sign Anything You Don’t Understand

Seek counsel before signing documents that could limit your injury or property damage liability claim.

Don’t Neglect Documentation

Document all costs associated with the accident such as medical bills and repair bills.

Don’t Accept the First Settlement Offer

The insurance adjuster may not make an offer that fully covers your losses or future medical expenses.

Don’t Post About the Accident on Social Media

Anything you post could potentially be used against you in court.

Don’t Wait Too Long to File Your Claim

The statute of limitations for personal injury claims in Illinois is two years from the date of the accident.

What Are Illinois Insurance Laws?

Here are some key Illinois laws related to vehicle accidents:

• Duty to Report: The Illinois Vehicle Code (625 ILCS 5/11-408) requires that any accident resulting in death, injury, or property damage over $1,500 must be reported to the police.
• Comparative Fault: Illinois follows a modified comparative negligence system, meaning a claimant can recover damages as long as they are less than 50% at fault.
• Statute of Limitations: Illinois law maintains a two-year time limit (735 ILCS 5/13-202) for personal injury claims following a car accident.
• Insurance Requirements: Illinois requires drivers to carry a minimum of $25,000 per person/$50,000 per accident in bodily injury liability insurance Chapter 625. Vehicles § 5/7-601.

What Should I Do If My Auto Insurance Claim is Denied?

If your car insurance claim is denied in Illinois, there are several steps you can take:

• Review your insurance policy and its insurance limits to understand why your claim was denied.
• Appeal the decision to your insurance company representatives if you believe your claim was wrongfully denied.
• Consult with a lawyer if the appeal is unsuccessful.
• File a complaint with the Illinois Department of Insurance. They can investigate your claim and potentially help resolve the issue.

Why Can Insurance Claims Be Denied in Illinois?

There are a variety of reasons why some insurance policies or claims may be denied in Illinois, including:

• Lack of coverage: If the incident is not covered under your policy.
• Failure to report the accident on time: There is a duty to report accidents within a certain time frame.
• Suspicion of fraud: Insurance companies closely examine claims to ensure there is no fraudulent activity.
• Dispute over liability: If there is a dispute over the at-fault driver, insurance companies may deny the claim until it can be resolved.

What Rights Does a Policyholder Have When Filing an Illinois Car Insurance Claim?

As a policyholder, you have the right to:

• File a claim in a timely manner according to state laws and your insurance policy.
• Receive fair treatment and communication from your insurance company.
• Appeal any decisions made by your insurance company regarding your claim.
• Consult with legal counsel if necessary.

How Can a Car Accident Attorney Help Me?

A car accident attorney can provide valuable assistance and guidance throughout the entire claims process. They can help you understand your rights, negotiate with insurance companies on your behalf, gather evidence to support your claim, and represent you in court when necessary.

When Can a Personal Injury Lawyer NOT Help Me with an Auto Accident Claim?

If there are no injuries or significant damages, you may be able to handle the claim on your own.

However, if you encounter any issues with your driver’s insurance company or feel you are not being treated fairly, it may be beneficial to consult with a lawyer.

Contact The Kryder Law Group, LLC Accident and Injury Lawyers

The Kryder Law Group, LLC Accident and Injury Lawyers are committed to providing professional legal assistance for individuals navigating through a personal injury insurance claims process. Our knowledge of Illinois law will ensure your rights are protected and you receive the compensation you deserve.

Contact us today for a free consultation.