Settling a claim after a car accident can feel like rubbing salt in a wound. The rules are complex, and insurance companies are often reluctant to pay a reasonable amount to someone who suffered an injury.
Working with a skilled personal injury attorney could relieve you of the stress involved in pursuing a car accident claim. A Rosemont car accident lawyer at The Kryder Law Group could help you file your initial claim, negotiate with the insurance company, and, if necessary, take the responsible driver to court.
The Auto Accident Claim System in Illinois
Illinois is an at-fault state, which means the insurance company for the driver who caused the accident must pay the damages of anyone who suffered losses. The law requires vehicle owners to have liability insurance that offers at least $25,000 coverage for personal injuries to one person, $50,000 for injuries to multiple people, and $20,000 for property damage.
The at-fault driver’s insurance will pay up to the coverage limits. If their coverage is insufficient to pay an injured person’s claim, the at-fault driver is personally liable. If an injured person bought optional uninsured/underinsured motorist coverage, they could file a claim with their insurance company.
A seasoned Rosemont car accident attorney could help an injured person file their claim and handle negotiations with the insurance company. Delegating this task to an experienced legal professional often produces better results and frees the injured person to focus on healing.
Apportioning Blame in a Motor Vehicle Collision Case
One of the drivers will almost always to blame for an accident. The police report can provide useful information about what happened, but even if an officer ticketed one driver but not others—indicating that the driver with the ticket was at fault—the officer’s opinion is not final.
Insurance companies usually decide which driver is at-fault for a wreck. They may review any of the following:
- Police report
- Physical evidence
- An insurance adjuster’s opinion about what happened
- Drivers’ statements
- Any other pertinent evidence
After examining all available evidence, they will make a declaration as to who is responsible for the crash, which could include the injured victim.
Fortunately, 735 Illinois Compiled Statutes 5/2-116, allows an injured person who was partially responsible for an accident to collect compensation. Someone who was not primarily at fault could collect the portion of the damages resulting from others’ misconduct. A diligent Rosemont lawyer could ensure that a negligent plaintiff bears no more than their fair share of responsibility for the auto collision.
Recoverable Damages in a Rosemont Car Wreck Case
When someone is in a motor vehicle crash, they usually suffer both economic and non-economic losses. Their economic losses might include:
- Damage to belongings in their vehicle
- Medical expenses
- Time taken off work
- Incidental expenses they incurred while seeking medical treatment or getting their vehicle repaired
Non-economic losses affect the individual’s quality of life. They might experience:
- Mental anguish related to the accident and their injuries
The responsible party must pay the injured person’s economic and non-economic damages.
When an at-fault driver’s conduct was willful and wanton, fraudulent, or intentional, an injured person could seek punitive damages. Punitive damages do not compensate the victim for anything specific; instead, they are meant to punish the wrongdoer. Punitive damages could be available if the wrongdoer was driving drunk or engaging in other obviously reckless or illegal activity when the crash occurred. A well-practiced auto wreck attorney in Rosemont could advise an injured person whether seeking punitive damages is a good strategy given the circumstances of their specific case.
Call a Rosemont Car Accident Attorney Now
If you were hurt in a motor vehicle collision, there is no need to handle the claims process alone. It makes good sense to rely on a knowledgeable legal professional to manage your case and negotiate with the at-fault party’s insurance company.
A Rosemont car accident lawyer from The Kryder Law Group could help you get a reasonable settlement for your injuries. Reach out today to get started.