Being involved in a car accident can be distressing and leave you with significant injury and loss that can burden you physically, emotionally, and financially. The complicated legal system associated with insurance claims can be challenging to contend with on your own, especially if you are recovering from your collision at the same time.
If you have sustained injuries or have tragically lost a loved one in a car accident, you could be entitled to claim compensation for your injuries, losses, and damages. Call The Kryder Law Group, LLC at (312) 223-1700 to discuss with a team member if you have a valid claim against the other driver.
Illinois Car Insurance Laws That May Affect Your Case
Many states require motorists to carry a minimum amount of auto insurance coverage to be considered road legal. Illinois follows a fault-based system, so drivers must carry liability insurance to drive legally under 625 ILCS 5/7-601.
While this coverage offers protection for any damage or injuries caused to others, it does not pay for injuries or damage to your own property. Unfortunately, not all drivers have adequate levels of coverage, and many drive illegally without insurance at all.
If you are harmed in an accident in which an uninsured driver is at fault, it can be beneficial to carry uninsured motorist coverage. Still, it may be possible to recover compensation for your losses and injuries with the help of an Evanston car accident lawyer.
We Can Help You File Your Initial Claim
When it comes to filing a claim following a car accident, you have the option to either file with your own insurance company as a first-party claim or with the other driver’s insurance company as a third-party claim — but you will need to prove they are at fault.
Additionally, it is essential to note that when you file a claim with the other driver’s insurance, their representative’s primary obligation is to their own policyholder. You may not get a fair settlement offer, as the full extent of your losses and injuries may not be fully considered — especially if your injuries are severe or you have ongoing medical needs.
You do not have to accept the offer, but there is no appraisal requirement — leaving you with the option of making a claim under your own policy or filing a lawsuit against the at-fault driver. If your injuries are severe enough, you may need to recover compensation beyond an insurance claim if your damages exceed the at-fault party’s available liability coverage. An Evanston car accident lawyer may be able to assist you in proving the at-fault driver’s liability and estimate the extent of your injuries and losses accurately.
If you have questions about your settlement offer or think you may need legal assistance after being injured in a car accident that was not your fault, get in touch with the team at The Kryder Law Group, LLC at (312) 223-1700 today.
Seek a Fair Settlement For Your Injuries and Losses
Along with the fault-based system, Illinois also follows a comparative negligence-based law. As the injured party, this could mean that you may not receive all the compensation you are looking for. Damages are adjusted to the responsibility you bear for the accident under 735 ILCS 5/2-1116. So, if you are found to be 30% liable for the accident, you would receive 70% of the available compensation.
An Evanston car accident lawyer can help you negotiate with insurance company representatives for an equitable settlement and determine whether the percentage of responsibility allotted to you following a car accident is accurate and fair. Other benefits you can expect from securing legal representation include:
- A thorough investigation into your accident.
- A comprehensive collection of evidence to strengthen your claim.
- Proving negligence and accountability for the collision.
- Ensuring any apportioned responsibility for the car accident is accurate.
- Negotiating with insurance representatives for a fair settlement.
- Calculating the full extent of your injuries and losses now and in the future, such as ongoing medical needs and loss of earning ability.
- Protecting your rights in and out of court.
Your recovery is important to the team at The Kryder Law Group, LLC. Let us put our knowledge and resources to work for you while you focus on getting better.
It Is Important to Act Quickly to Protect Your Right to Claim
Another important aspect of your case involves the time you have to file a claim with the courts under 735 ILCS 5/13-202. The statute of limitations dictates that you only have a certain period in which to file your claim. If you fail to act within this period, you will likely lose the right to claim compensation, as the court could refuse to hear your case.
Currently, the deadline is two years from the time you discovered your injuries. While this may seem a long time, the complex nature of some insurance claims can quickly eat into this deadline.
Providing Legal Support When You Need It Most
The team at The Kryder Law Group, LLC is familiar with insurance policies and personal injury law. We have dealt with car accident claims before. We pride ourselves in helping our clients navigate the complicated legal process inherent in car accident claims and providing resolution to such cases.
Reach out to us at (312) 223-1700. Our team is waiting to hear your side of the story. We want to help you and your family. We cannot do so until your initial consultation.