Media post: Steps for Filing a Car Accident Claim in Illinois

Some things in life you typically go after. You go after a raise, apply for promotions, and pretty much always take advantage of free desserts. Something else you don’t want to let pass you by is recovering compensation after a car accident. This can be especially true if you’re not the at-fault driver. 

Did you know that an estimated 94% of car accidents are caused by driver error? This means more than likely the damages sustained in your auto wreck are recoverable by filing an accident claim. 

However, before getting on the phone with the insurance adjuster you need to tackle a few steps. These steps can make the difference between successfully settling your claim or paying for all of your damages out of your pocket.

How to File a Car Accident in Illinois

Sometimes, filling out the insurance paperwork is the easy part. Before you get started you probably need to determine liability. This means figuring out who’s responsible for causing the car accident.

Illinois is an At-Fault Comparative Negligence State

Yes, this is a mouthful, and figuring out both at-fault and comparative negligence laws can leave you scratching your head. 

In an at-fault insurance state, like Illinois, drivers involved in a car accident file compensation claims with the at-fault party’s insurance company. Your insurance provider only comes into play if you’re the at-fault driver. If you’re liable for the accident, your insurance covers the other driver’s damages up to your policy’s cap.

If you have more than the state’s minimum insurance requirements, like a full coverage policy, your insurance provider may also cover your damages. However, if you only have the state’s minimum liability policy, you’re probably on the hook for covering any damages you may sustain in the accident.

Okay, you now have a pretty good idea of how at-fault insurance works so what about comparative negligence? This is when the rule can get a little tricky. Comparative negligence allows more than one party to be liable for an accident. 

An example is if one driver is speeding and another motorist turns without signaling. Both drivers are probably liable for the resulting damages. However, one driver may be assigned more of the blame than the other motorist.

As long as your assigned percentage of blame doesn’t exceed 50%, you can still recover at least half of your listed damages. Your compensation amount is reduced by your assigned percentage of blame.

Determining Liability

Liability is typically determined by accident scene investigators and the insurance adjuster. You can contest your assigned percentage of fault by filing an appeal in civil court. A judge or jury will review your submitted evidence, usually accident reports, witness statements, and video footage. 

After examining the evidence, the court can decide to decrease your percentage of fault. The court can also keep it the same, there’s no guarantee you’ll receive a favorable ruling. Once you can name the liable party, it’s time to get started on filing your car accident claim.

Gather Your Evidence

If you’ve dreamed of moonlighting as an amateur detective, now’s a good time to indulge your wish. Leave the magnifying glass and gloves at home, you’re not solving a Sherlock Holmes type of mystery. You’re only gathering evidence that can help support your accident claim and ensure you’re not found liable for the incident.

The camera app on your smartphone is usually more than enough to start documenting the accident scene. Take pictures of any damage to your vehicle. You should also take a few shots of your vehicle’s position. Where it ends up after the accident can help prove liability. 

If you or your passengers suffer any visible injuries, go ahead and take some pictures. Don’t worry about documenting the other involved driver’s damage. Leave this to the authorities. Emotions are often running high after an accident and you don’t want to make the situation worse.

Get contact information from any witnesses. Their testimony may be invaluable in proving your personal injury claim. What you don’t want to do is discuss accident details with the witnesses. They may repeat your statements to the insurance company which can try and use them to reduce the value of your claim.

Don’t Ignore Your Injuries

Most auto collisions result in some injuries even if it’s only a few minor cuts and some bruising. Even if you’re walking around after the accident, you still want to make an immediate appointment with a healthcare professional. 

You may have internal damage like bleeding and it can quickly turn life-threatening. Don’t worry about covering the cost of your checkout, you can include the expense in your accident claim.

Save all paperwork relating to your injuries. You need to submit the documentation if you’re claiming injuries. The insurance company is probably going to request copies of your medical files, bills, receipts, and even prescriptions so it’s a good idea to save everything relating to your injuries and treatment.

Contact the Insurance Company

You’re not filing a personal injury claim, at least not yet; this phone call or email is only to let the insurance company know the accident occurred. 

Contacting the insurance provider accomplishes two goals. You’re satisfying the requirements necessary for meeting the state’s statute of limitations and getting the ball rolling on your upcoming claim. Sometimes, the claim process moves a little faster when you give the insurance company a heads-up.

If you’re wondering how long you have to file a personal injury claim. The statute of limitations in Illinois is two years from the date of the accident. If you miss the filing deadline there’s a good chance you can’t file a personal injury claim.

Ensuring You Receive Maximum Compensation

Before you submit your car accident claim, it’s usually a good idea to consult with an experienced personal injury attorney. Your attorney can help ensure you’re not assigned more than your fair share of fault for a car accident and help you maximize the value of your claim. 

Your attorney can handle all of the details associated with your accident claim so you can focus on recovering from the incident.