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Frequently
Asked Questions.
Automobile Injuries:
If the accident was caused by the other driver, am I entitled to
compensation?
If the other driver caused the accident, you may be entitled to compensation. However,
there are a variety of factors that need to be taken into consideration to determine
fault. This would include a description of the accident, the observation
and conclusion of the reporting police officer, the observation of a witness
or witnesses, as well as the damage to the vehicles involved.
If it is determined that the other driver was at fault, a claim may
be made through that driver's insurance company. Once a claim is made, a claim's adjuster
is assigned to represent the driver, known as the insurer, to evaluate the fault
of the drivers involved, as well as to assess the nature and extent of the injuries
being claimed and the property damage that was sustained by both vehicles. Keep
in mind that during this evaluation, it is the claim's adjuster's job to limit
the amount paid to you. Involving our law firm to represent you, will provide
the legal experience necessary to protect your interest in receiving full compensation
for your loss.
Should I provide a statement to the other driver's insurance company?
Although many insurance companies wish to secure a recorded and/or sworn statement
from all parties involved shortly after an accident, it is not recommended that
you give such a statement without first speaking to your lawyer. A recorded
and/or sworn statement often addresses crucial issues regarding fault and damage. Do
not give any statement without the benefit of a lawyer acting on your behalf.
What if the other driver does not have insurance?
Regardless of the fact that Illinois requires all drivers to carry
liability insurance, it is not always the case. You can, however, obtain compensation
through your own automobile insurance company. Most automobile insurance
policies provide uninsured motorist coverage which protects you if you are injured
by an uninsured driver.
Recovery under an uninsured policy is limited to the amount of coverage
you purchased. Always
review your policy at each renewal date or at the time of purchase to determine
the terms and amount of coverage available.
Do I contact my insurance company as well?
It is extremely important that you also advise your insurance carrier
of an accident in order to establish a claim for medical payment, property
damage, and uninsured or underinsured coverage, if needed. When filing a claim with your own
insurance carrier, the process is different than with filing a claim with another
driver's insurance company. Your insurance company must treat you fairly
and in "good faith." (For more information with regard to claims
filed under an uninsured claim, see Uninsured and Underinsured)
How does the insurance claims process work with the other driver's insurance
company?
Typically the process begins by either you or your lawyer contacting
the other driver's insurance company and advising of a potential claim. The
claims process with the other driver's insurance company is contentious to
say the least. Keep in mind that the other driver's insurer's interest
is limiting the amount paid to you.
Once we have advised the other driver's insurance company of our representation
of you, they will have opened a claim file, obtained a copy of the police report
and may also speak with any witness or witnesses to the accident to better evaluate
the accident. Once the issue of liability has been addressed, we will then
obtain all the necessary medical records and bills that you incurred as a result
of this accident. We typically do not forward any medical records or bills
(a/k/a special damages) to the insurance company without first determining that
you have completed your medical care. Once this has been determined, we
forward the "special damages" to the proper claims adjuster for evaluation. At
this point, there is generally a lot of communication between our firm and the
insurance company. It is imperative that you keep us advised of all ongoing
medical treatment in order that a settlement demand not be made until after your
medical condition has been fully treated and evaluated.
Once you have completed your medical treatment, negotiations between
the insurer and our firm will ensue. A settlement offer may be made if the other driver's
insurance company agrees that their insured was negligent, in other words, at
fault. If, however, they do not agree on the issue of liability or the
value of the claim, litigation may be necessary.
If we do proceed with litigation, negotiations may continue during
the pendency of the lawsuit. During the discovery process, additional facts are learned
which may warrant the insurance company to take a different position. Since
there are costs and risks associated in litigation claims, it is in the best
interest of both parties to continue to evaluate and negotiate in an effort to
resolve a claim.
Miscellaneous Questions:
Is out of court settlement the best resolution
for you?
Each case is different with regard to facts, circumstances
and injuries and it may not always be in your best interest
to proceed to trial but accept an out of court settlement. No
one firm can guarantee a specific result in your case; however,
it is our firm's position to obtain the best result for all
our clients whether by trial or before trial settlement. To
get an understanding of the types of cases we have resolved,
through trial or out of court settlement, See Settlements & Verdicts.
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