Many car accident victims feel confident filing a car accident claim for compensation for their damages against a careless or reckless driver who caused an accident. After all, if the accident was the other driver’s fault, there should be no problem recovering full compensation for damages like medical expenses, lost wages, or pain and suffering under Illinois’ fault-based insurance system, right?
Unfortunately, car accident claims are rarely as clear-cut as you might think. After a car accident in Illinois, it’s crucial to remember that an insurance company is not on your side. Instead, they are for-profit businesses that may protect their profits at the expense of your payout.
Illinois operates under a modified comparative negligence system. This type of injury law allows a car accident injury victim to still recover compensation even if they were partly at fault for the accident, as long as they are no more than 50% at fault or less than 51%. While this system is beneficial for car accident victims who contributed to the cause of their accident, it also provides a strong incentive for an insurance company to assign an undue portion of fault to an injury victim. Under this system, the insurance company may still have to pay an injury victim if they contributed less than 50% of fault in the crash, but they can reduce the payout on a claim by the injury victim’s percentage of fault.
In other words, the insurance company assigns an adjuster to every accident case. The insurance adjuster’s job is to protect company profits. They investigate the accident and assign a percentage of responsibility for the accident to all involved parties. Suppose your damages total $100,000? The insurance company could assign you 25% of fault for the accident—maybe because you were speeding—and reduce what they have to pay on your claim to $75,000. Or worse, they could shift liability to you by claiming you were 51% at fault.
Car accident damages add up quickly. Often, there is far more than just the cost of repairing or replacing a damaged car. If the accident caused injuries, you may have mounting medical bills, out-of-pocket expenses, lost earnings, and future income loss due to upcoming medical procedures and the time required for recovery. If the accident caused a catastrophic injury, you could be facing disability and an uncertain future. In these cases, the result of your car accident claim is crucial.
A skilled car accident attorney in Chicago proactively protects you against common insurance company tactics by investigating all aspects of the accident, documenting evidence, consulting with accident reconstruction specialists, and making a clear case demonstrating an at-fault driver’s liability. Then, they consult with medical experts about the impact of your injury and compile evidence of its temporary or permanent effect on your earning ability. An Illinois car accident attorney sends their findings to the insurance company in a demand package and then argues tirelessly for your full compensation.
Almost 95% of car accident claims are settled without the need for court, especially when a skilled injury lawyer defends the injury victim’s rights and assertively negotiates for a settlement. However, if the insurance company wrongfully disputes, delays, or denies your claim, your car accident attorney will litigate the matter through a lawsuit process in court. A court case takes longer, but often ends with substantial compensation from a sympathetic jury.
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