You may need a lawyer after a clear-fault car accident. Even when the situation seems straightforward, insurance companies may challenge your claim. An Illinois car accident attorney can handle the negotiations and help you secure full compensation. Accidents can lead to severe injuries, property damage, and long-term challenges. If you find yourself dealing with medical expenses, lost income, and complicated insurance matters, hiring a lawyer is essential to protect your rights.
For help with your claim, reach out to Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
What “Clear Fault” Really Means in Illinois Car Accident Cases
Fault refers to the level of responsibility or blame attributed to an individual for causing harm or damage to another. When someone is considered at fault, it means they were responsible for an accident. This may involve actions like reckless driving, violating safety guidelines, or intentionally causing harm. The party found to be at fault may be obligated to reimburse the injured party for their resulting losses.
In Illinois car accident cases, clear fault refers to situations where one driver clearly broke traffic laws, like speeding, running a red light, or driving under the influence, which was the evident cause of the accident and resulting injuries. Traffic violations are among the leading causes of unsafe driving. In 2023, speeding played a role in nearly 29% of deadly crashes, and distracted driving caused over 3,000 deaths in 2022.
The violation of a traffic law typically creates a presumption of fault, making it easier to establish liability. However, it doesn’t guarantee a successful outcome. You will still require proof of causation and the extent of your damages.
Why Insurance Companies Still Fight Clear-Fault Claims
Insurance companies prioritize protecting their profit margins. They aim to keep payouts as low as possible to safeguard their financial interests. This is evident when dealing with claims against another driver’s insurance, as you aren’t a policyholder with that insurer. In Illinois, these companies often challenge clear-fault claims by trying to assign partial blame to the claimant, dragging out the claims process to create pressure, or even outright denying legitimate claims.
To combat clear fault car accident claims in Illinois, insurance firms may question liability, present alternative narratives, or minimize the damages claimed. They might refer injured individuals to their own medical professionals to downplay injuries, create their own theories regarding fault, or dispute the severity of your injuries.
How Insurance Companies Fight Clear-Fault Claims
Common strategies you might encounter include:
Disputing Fault
Even if your accident appears to clearly assign blame, insurance companies may attempt to allocate a portion of the fault to you. This tactic can reduce the payout you receive. They might also propose alternative explanations for the accident to lessen their client’s liability.
Minimizing the Severity of Your Injuries
You may be required to see doctors selected by the insurance company, who often downplay the seriousness of your injuries. These evaluations can be tailored to help the insurer pay out less on your claim.
Downplaying Damages
The insurer might challenge the necessity or appropriateness of your medical treatment and other damages you’ve claimed, working to diminish the overall amount you seek.
Prolonging the Claims Process
Insurance companies can extend the claims process by conducting thorough investigations, depositions, and questioning. This can put a strain on your resources and test your patience.
Utilizing Negative Information
They may dig into your social media accounts or other public information to find anything that could cast doubt on the nature or extent of your injury and its impact on your life.
How an Illinois Car Accident Lawyer Protects Your Rights After a Crash
Having legal help after a clear fault crash protects you by dealing with tactics employed by insurance companies to dispute claims. An attorney accomplishes this by constructing a robust case through a crash investigation, gathering evidence to demonstrate fault, and negotiating with insurance providers and other involved parties to obtain compensation for your medical expenses, lost income, and suffering. An attorney knows how to win a car accident case through evidence, such as how dashcam footage can help or hurt your Naperville car accident case.
Investigating the Accident
Your attorney will collect essential evidence, including police reports, witness testimonies, and medical documents, to establish the negligence of the other party.
Calculating Fair Compensation
Determining the complete range of your damages and losses can be difficult, especially for those unfamiliar with the claims process. In addition to immediate medical bills, accidents may lead to long-term health challenges that necessitate ongoing treatment and rehabilitation. Your attorney will assess all possible damages, including pain and suffering and future income loss, ensuring that you are claiming the full measure of your losses.
Determining Fault and Liability
Accidents often involve several parties, such as negligent drivers, construction companies, or manufacturers of defective auto parts. A motor vehicle accident lawyer will ascertain liability and build a strong case to support your claim.
Handling Communications
An experienced attorney acts as a shield between you and the insurance adjusters, ensuring you do not inadvertently say or sign anything that might harm your case.
Negotiating a Fair Settlement
Using the evidence gathered, they negotiate with insurance companies to secure a just settlement that covers both your current and future damages, including medical costs, lost income, and compensation for pain and suffering.
Filing a Lawsuit
If negotiations do not yield a fair settlement, your attorney can initiate a lawsuit and advocate for you in court to secure fair compensation.
Advising You on Your Rights
They will ensure you understand your legal rights and options during the process, helping you avoid missteps that could jeopardize your claim.
After your accident, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC, for attorneys ready to engage with insurance companies and protect your clear-fault claim, ensuring you receive suitable compensation.
