Illinois Auto Insurance Claim Laws

Car accidents happen too often in Illinois, and they can change everything in an instant. You don’t have to handle this difficult time by yourself. Our car accident attorneys are ready to stand by your side and work for the compensation you deserve for your injuries and damages. Both you and the other driver have legal rights, even if you share some responsibility for the accident. That’s why understanding Illinois auto insurance claim laws is so important for protecting yourself and your family.

Do’s and Don’ts of Insurance Claims

What Are Illinois Insurance Laws?

The Illinois Vehicle Code (625 ILCS 5/) includes:

• Duty to report: Illinois law (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 (735 ILCS 5/2-1116), 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: according to the Illinois Secretary of State, drivers must carry property damage and bodily injury liability insurance for injury or death—at least $25,000 for one person, $50,000 for more than one person, and $20,000 for property damage.

Filing a Car Insurance Claim in Illinois: DO

These are some recommended actions to take:

File a Police Report Immediately

Submit your crash reports to the Illinois Department of Transportation within 10 days of your motor vehicle accident.

Seek Medical Attention Promptly

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 speeds up your claim. Give accurate details and witness information, but don’t admit fault.

Document the Accident Scene

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

Retain a Car Accident Lawyer If Needed

Legal representation by a Chicago car accident attorney can help ensure your rights are protected.

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

Speak with your lawyer 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 Miss the Deadline to File Your Claim

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

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: your claim may be denied if the incident is not covered under your policy.
• Failure to report the accident on time: you must report an accident to the police within 10 days and file a car accident lawsuit within 2 years.
• 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 help you through the entire claims process. They explain your rights, negotiate with insurance companies, collect evidence for your case, and represent you in court if needed.

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

If there are no injuries or serious damage, you can often handle the claim yourself. But if you run into problems with the insurance company or feel you’re being treated unfairly, it’s a good idea to talk to a lawyer.

Contact The Kryder Law Group, LLC Accident and Injury Lawyers

The skilled attorneys at our law firm can help you with your personal injury insurance claim. We understand Illinois law and will work to protect your rights and pursue the compensation you deserve. Reach out today for a free consultation.