No Chicago resident begins their day thinking they could end the day in the hospital with serious injuries from a car accident, yet an average driver can expect to be involved in around 3 car accidents during their lifetime. An average of 100,000 car accidents occur in Chicago alone each year, often causing serious personal injuries as well as property damage. In a fault-based insurance state like Illinois, the distress of a car accident continues during the recovery period, when injury victims face the process of a complex car accident claim to recover their damages like medical expenses, lost wages, and compensation for pain and suffering.
Many Chicago car accident survivors ask, “What is the process for recovering my damages in a Chicago car accident claim?”
It’s illegal to leave the scene of a car accident in Chicago. Unless it’s only a small fender-bender with no injuries and damage that’s clearly under $1,500 in repair costs, the police must arrive at the accident scene. Drivers must report the accident through 911 if there are any injuries, fatalities, or property damage, or exchange contact and insurance information and report it as soon as possible through their local non-emergency police department if there are no injuries.
Involved drivers should also report the accident to their insurance companies as soon as possible after the accident. Most insurance policies include a time limit for reporting accidents set by the individual company.
Soon after reporting the car accident, a car accident victim in Chicago who faces extensive damages should hire a Chicago injury attorney to represent their best interests throughout the claim process.
After the accident, the insurance companies of the involved drivers assign adjusters to the case. An investigation takes place to determine the cause of the accident, identify the negligent or reckless action that caused it, and determine each driver’s percentage of liability under the state’s modified comparative negligence insurance laws.
Insurance companies prioritize their profits and investigate with the intention of minimizing the amount they have to pay on a claim. A car accident survivor’s attorney investigates the accident to protect their client’s best interests. The investigation includes examining the police report, interviewing eyewitnesses, scrutinizing photos or videos, and consulting with accident reconstruction experts.
After the investigation is complete, an accident victim’s attorney examines their medical records and consults with medical experts to determine the physical and financial consequences of the accident for the injury victim—their “damages” in a car accident personal injury claim. After carefully calculating the damages, the injury victim’s accident attorney sends a demand package to the insurance company with the evidence of their policyholder’s liability and the injury victim’s economic and non-economic damages.
After a disclosure period with the attorney and insurance adjuster exchanging relevant information, negotiation meetings begin. Both sides seek a mutually acceptable settlement offer. Sometimes this process requires mediation with all involved parties attending the negotiations.
About 95% of car accident claims in Chicago are resolved through a settlement from the liable party’s insurance company after negotiations. In a minority of cases, the insurance company undervalues the compensation, disputes aspects of the claim, or wrongfully denies it completely. If this occurs, the injury victim may take the lawsuit to court by filing a petition within the Illinois two-year statute of limitations for personal injury claims.
The court process for a car accident claim takes longer than a settlement but often results in an ample award for damages by a sympathetic jury.
It can feel overwhelming to tackle the complex process of recovering compensation after a car accident in Chicago—a fault-based insurance state. Call the experienced Chicago car accident attorneys at Smith LaCien LLP to navigate your financial recovery so you can focus on your physical recovery.
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