Car crashes are stressful for everyone, especially when caused by a driver without enough insurance. Understanding the process of an underinsured motorist claim can help if you are injured in such a crash in Chicago.
Each year, Chicago sees numerous car accidents. To protect drivers, Illinois law requires all motorists to carry insurance. However, some only have the minimum amount of coverage or none at all. This often leaves injured people with the burden of covering damages.
What to do immediately after the crash
An underinsured motorist claim aims to cover the gap between what the other driver’s insurance pays and your actual needs. This includes medical bills, lost wages, and pain and suffering.
To protect yourself and strengthen your potential claim, you can follow these critical steps immediately after a crash:
- Call 911 to report the accident.
- Seek medical help for all injuries.
- Obtain the other driver’s information, including insurance details.
- Take photos of the crash site and injuries.
- Collect contact information from witnesses.
It also helps to be cautious about what you say at the crash site. Even saying “sorry” might imply fault, which could negatively impact your case later.
Contact your insurance company within 48 hours of the crash. This prompt action may help you learn if the other driver has enough insurance coverage. If they don’t, you may need to file an underinsured motorist claim.
How the claim process typically unfolds
A typical underinsured motorist claim usually follows these main stages:
- Days 1-30: Your insurance company investigates the crash.
- Days 30-60: Continue medical care and collect your records.
- Days 60-90: Your attorney, if you have one, negotiates with the other driver’s insurance company.
- Days 90-120: If necessary, you initiate your underinsured motorist claim.
Illinois law requires insurance companies to handle claims fairly and promptly. If your insurer delays excessively, they might be violating the law.
Legal considerations
Illinois law gives you a two-year window after a crash to initiate legal action. However, your insurance policy might have different time limits for underinsured claims. Review your policy or consult your insurer about this.
You can also take steps to help secure a fair claim:
- Document everything about the crash and your injuries.
- Attend all doctor visits and follow their instructions.
- Exercise caution with quick settlement offers. They might not adequately cover all your costs.
Stay informed and persistent. This helps you get fair compensation, even if your case takes longer than usual. If negotiations fail, you may need to go to arbitration or court. This can take time, but knowing the process helps. Consider consulting a personal injury attorney who may provide more information about your options.