The car accident claims process begins as soon as a collision occurs and continues until the claim is resolved through settlement or a court decision. Knowing what to expect at each stage can help you protect your rights and avoid mistakes that could affect your compensation.
Contact a car accident lawyer in Chicago to fight for your rights.
Call us at (312) 701-0090.
Step 1: Report the Accident and Seek Medical Care
Your health comes first after a crash. Even if your injuries seem minor, medical evaluation can identify conditions that are not immediately obvious and create records connecting your injuries (TBIs, spinal damage, etc…) to the accident. Report the accident to law enforcement and notify your insurance company when you are able to. Basic information exchanged at the scene, photographs, witness contact information, and the police report can become very important later in the claim.
Step 2: The Insurance Investigation Begins
After the claim is reported, the insurance company assigns an adjuster to investigate the accident. The adjuster may review the police report, inspect vehicle damage, examine photographs, interview witnesses, and evaluate the information provided by everyone involved. The insurer may also request medical records, proof of lost income, repair estimates, or other documents before determining responsibility and evaluating the claim.
Step 3: Fault Is Evaluated
The insurance company reviews the available evidence to decide who caused the collision. Illinois follows a modified comparative negligence system, which means the insurer may argue that more than one driver contributed to the accident. The percentage of fault assigned to you can affect the amount of compensation available.
Step 4: Your Damages Are Calculated
Once liability is evaluated, the claim shifts to the extent of your losses. Medical records, employment information, repair estimates, and other documentation help establish the value of your claim. Compensation may include:
- Past and future medical care related to the accident.
- Lost income during recovery.
- Reduced earning ability if you suffer long-term limitations.
- Vehicle damage and other out-of-pocket expenses.
It is critical to keep in mind that the full value of a claim often cannot be determined until your medical condition and future treatment needs become clearer. Even so, the insurer may try to pressure you to settle the claim before then if it can save them from a larger payout.
Step 5: Settlement Negotiations
Once the insurer has reviewed liability and damages, settlement discussions usually begin. The insurance company may accept responsibility, dispute portions of the claim, or make an offer that does not fully reflect your losses. Accepting an offer generally ends your right to seek additional compensation for the same accident.
Step 6: Filing a Lawsuit if Necessary
If responsibility remains disputed or the insurer refuses to offer reasonable compensation, filing a lawsuit may become necessary. During which both sides exchange evidence through discovery, take depositions, file legal motions, and continue settlement discussions. Many cases still resolve before trial.
Why Hiring a Lawyer Can Help Throughout the Process
A Chicago personal injury attorney protects your position at each stage by controlling what information the insurer receives, documenting how the crash affected your health and income, and determining when the claim is ready for settlement. If the insurer delays, denies responsibility, or undervalues your losses, an attorney can move the case into litigation.
Move Forward With Your Claim
Contact Mark L. Karno & Associates, LLC online or at (312) 701-0090 for a free consultation to discuss where your claim stands and the next steps toward recovery.