All motorists in Chicago, and throughout Illinois, are required to carry minimum amounts of auto insurance. This insurance is a form of protection and after a crash, you hope that it will be there for you to cover the cost of your medical expenses, lost income, and other losses.
Unfortunately, insurance companies are profit-driven and notoriously unreliable. They often try to reduce or delay claims in an attempt to pay out less than what accident victims deserve. In other instances, they outright deny claims to keep even more of their profits. If this has happened to you, it is critical that you speak with a Chicago car accident lawyer who can fight for your rights.
How to Protect Your Claim
Although insurance companies do sometimes unfairly deny claims, you can take certain steps after a crash to protect your rights and any future claim you may file. The most important steps to take are as follows:
- Stop at the scene of the accident
- Report the crash to law enforcement
- Exchange names, contact information, and insurance details with all other drivers involved
- Notify your own auto insurance company
- Seek medical attention
After taking the above steps, you may still be surprised to learn that the insurer representing the liable party has denied your claim. Although there are many reasons for these denials, not all of them are fair.
Your Claim is Not Covered Under the Policy
For an insurance company to pay your claim, you must prove that it is covered under the policy. This means you must establish that the covered driver was negligent, that their negligence caused the crash, and that you suffered injuries as a result. If your injuries were pre-existing, meaning you suffered them prior to the crash, you cannot claim compensation for them unless the accident exacerbated the injuries.
Claim Not Filed on Time
All personal injury claims are governed by a statute of limitations, or time limit. In the majority of cases, this time limit is two years from the date of the accident. If you do not file your claim within this time, the insurance company and the courts will throw out your claim and you will be barred from receiving any compensation at all. While there are some exceptions to the law, they are very limited. It is always recommended that you speak to a Chicago car accident lawyer as soon as possible to ensure that your claim is filed on time and is not denied.
Claim Exceeds the Limits of the Insurance Policy
All insurance policies have limits. For example, in Illinois, all motorists must carry a minimum of $25,000 for injury or death of one person in an accident, $50,000 for injury or death for the entire accident, and $20,000 for property damage sustained by another person. Insurers are only obligated to pay up to the limits of an insurance policy and so, you can only receive that amount, even if your injuries and losses are valued at more than that. A Chicago car accident lawyer can help you identify all liable parties, which can help you claim full compensation, as you may be able to file multiple claims.
The Liable Party Does Not Have Proper Coverage
If the negligent driver who crashed into you does not have full auto insurance coverage, or any coverage at all, there is no insurer to file a claim against. If the negligent driver has some, but not full, coverage, their insurance company may deny or reduce your claim. State law in Illinois requires all drivers to purchase uninsured and underinsured motorist coverage for these specific instances. If the driver who hit you does not have full coverage, you can then file a claim with your own auto insurance company to obtain the compensation you need.
Driver was Not Listed on the Insurance Policy
In the majority of cases, the person at fault for an accident must be named on the insurance policy. In some cases, insurance companies will overlook a driver not being named on a policy. For example, if you allowed a friend to borrow your vehicle and they caused an accident while driving, your insurance company would still likely cover the damage even though your friend was not listed on the policy.
However, there are other times when insurance companies will not overlook an unlisted driver. For example, if an unlicensed driver was not listed on a policy and they hit you, the insurance company likely would not provide coverage for the accident.
Disputes Over Liability
The insurance company may argue that you were at fault for the accident, and not the policyholder they cover. Insurance companies may unfairly argue this, or they may have a valid reason for the argument. For example, an investigation may show that you were texting and driving at the time of the crash and therefore, are partly to blame. Still, Illinois has adopted the modified comparative negligence law. Under this law, you can still claim compensation as long as you were less than 50 percent to blame for the crash.
Bad Faith
Insurance companies sometimes unfairly deny, reduce, or delay claims and when they do, it is known as acting in bad faith. Insurance companies may unfairly argue that you were at fault, refuse to offer a fair settlement, fail to investigate the crash, or continue to ask you for unnecessary documentation in the hopes that you will simply give up on the case. These are all common examples of bad faith and insurers can be held accountable for them.
Our Car Accident Lawyer in Chicago Can Help with Your Case
To avoid an insurance denial, it is always advised that you work with a Chicago car accident lawyer. At Kennedy Watkins, LLC, our experienced attorneys can handle your claim from the very beginning and go up against the insurance company on your behalf or, help you obtain a positive outcome after a denial. Call us now at (312) 448-8181 or fill out our online form to schedule a free consultation and to learn more about how we can help.