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Auto-Accident Adversity: Dealing With Personal Injury Claims And Insurance Companies After A Wreck

A damaged car after an accident, with a crumpled front end and shattered windshieldIt’s bad enough that you’ve been injured in a car accident, but now you’re facing pushback from insurance companies, and doubts about whether you can file a personal injury claim. Trying to deal with the legal aftermath of your accident on your own can be daunting, especially when you’re still recovering from your injuries.

What to do after your accident is not always clear. Can you still file a personal injury claim if you played a role in the crash? What should you do if the other driver is uninsured? This article will cover some of the frequently asked questions and common concerns of accident victims, helping you understand:

  • Whether or not you can still collect payment if you were partially at fault for your accident, and how that might impact your claim.
  • The best method of protecting yourself against an uninsured or underinsured driver.
  • Why you still need a lawyer – regardless of who was at fault in your accident.

If I Was Partially At Fault For The Car Accident That Caused My Injuries, Could That Impact My Personal Injury Claim?

Generally, the law in Illinois does not prohibit you from receiving compensation if you are partially at fault in an accident. However, if you are found to be greater than 50% at fault, your ability to collect damages may be limited, or even prohibited. In some cases, your available damages may be reduced proportionately to the percentage that you are found to be at fault.

Can I Still File A Personal Injury Claim If I Was Injured In A Car Accident In Illinois Caused By An Uninsured Or Underinsured Driver?

Yes, it is still possible for you to file a personal injury claim if your accident was caused by a driver who does not have proper insurance coverage. However, to better protect yourself, we recommend that you include underinsured and uninsured motorist coverage in your auto insurance policies.

If you are involved in an accident with an uninsured driver and you do not have uninsured motorist coverage, you are at the mercy of the assets that the negligent driver would be able to pay you. If the negligent party does not have insurance coverage and lacks financial resources, you may be left without compensation for your injuries. This is why it is essential to protect yourself with underinsured and uninsured motorist coverage.

Do I Still Need To Hire An Experienced Illinois Auto Accident Injury Attorney If The Other Driver Was Clearly At Fault For The Accident?

You should absolutely still hire an attorney, regardless of how clear you think it is that the other driver is at fault. If you do not hire an attorney, you will probably be contacted by the insurance company for the at-fault driver. They will most likely attempt to negotiate a quick settlement that is far below a value that would fully compensate you for your injuries.

An experienced attorney understands how insurance companies work and understands how insurance companies attempt to limit their liability and their payouts for damages. Even in cases where liability is clear, you should seek an experienced personal injury attorney.

Who Covers The Cost Of Damages To My Car If I Was In An Auto Wreck That Was Not My Fault?

In the case of any auto accident, you should immediately contact your own insurer as well as an attorney. Frequently, the cost of repairs to your vehicle will be handled between your insurance company and the at-fault driver’s insurance company. Additional compensation can be sought through the legal process.

What Can A Car Accident Attorney Do For Me That I Won’t Be Able To Do If I Represent Myself?

It is important to note that insurance companies are not in the business of paying out claims. They are in the business of collecting premiums and making profits.

An insurance company, particularly the company on the opposing side, will always seek to settle your claim for as little as possible. This is especially true if they can take advantage of you as an unrepresented injured party. By hiring an attorney, you maximize your likelihood of receiving full compensation for your injuries.

For more information on Auto-Accident Injury Claims In Illinois, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (630) 608-2124 today.

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