Former State's Attorney With Over 38 Years of Experience

Types of Car Accidents I Head-On Collision

How Insurance Will Cover the Damages Obtained in a Car Accident

Insurance coverage is complicated. There are different types of coverage, limits, and situations where one type of insurance will apply but others will not. Some cover medical bills, whereas others cover damage to property. While policies and coverage types vary, certain types of coverage will come into play in a car accident case where there are one or more injured accident victims. The different types of coverage for auto accidents include:

Property Damage Liability

PDL covers damage you cause to another party’s motor vehicle, not bodily injury coverage. Illinois law requires a minimum of $20,000 in PD liability per accident.

Personal Injury Protection

PIP is a type of auto insurance that covers your medical expenses in case of an auto accident, regardless of the at-fault driver. In no-fault states, this type of coverage is mandatory. However, this is different in Illinois. So, it is up to you whether you get PIP coverage.

In no-fault states, you must turn to your own insurance company if you sustain an injury in an auto accident, even if the other driver was at fault. You can also bring a personal injury claim against the other party’s insurance company if your medical bills exceed a certain threshold.

Since Illinois is a fault state, the party who caused the auto accident, or their insurance company, must compensate the car accident victims. If both drivers shared some fault, the state’s tort system of comparative fault, or modified comparative negligence, comes into play.

Bodily Injury Liability

BIL is a type of coverage that pays for injuries sustained by others due to the driver’s actions. It does not cover the costs related to your motor vehicle damage. This policy applies to the other vehicle’s driver, passengers in either car, and pedestrian bystanders.

BIL may sound like an optional add-on, but it is a requirement for most drivers. So, you should have this type of coverage in Illinois before getting behind the wheel. This type of policy provides coverage for the following:

  • Legal representation related to the accident.
  • Hospital bills.
  • Lost wages resulting from injuries.
  • Funeral expenses.

Collision Versus Comprehensive

Physical damage coverage pays for damage to your car. However, you may have to cover part of the loss, known as a deductible. Illinois law does not require this type of insurance, but your lender may do so. Depending on your car’s value, you may decide that PDC is worth the cost. Physical damage includes the following coverages:

  • Collision coverage covers damage caused by an accident with a fixed object or another vehicle.
  • Comprehensive coverage covers damage from other causes, such as fire, theft, hail, etc.

How Insurance Companies Determine Vehicle Damages and Financial Compensation

An insurance adjuster will assess the damage to your vehicle & determine the cost of repairs. The insurer will then offer a settlement to cover your expenses. However, you should know how to recover a fair settlement, which is where car accident attorneys come in handy.

Many of those injured in a car accident will hire an auto accident attorney and file a car accident claim. If you sustained an injury following an auto accident, you should know how to obtain maximum compensation. There is no definitive amount that each type of accident or injury costs. However, understanding how insurance companies calculate a car accident settlement may help you estimate your entitlements.

Here are some of the things people can seek compensation for in most car accident claims:

  • Visible injuries
  • Physical pain and suffering damages
  • Future pain and suffering
  • Damage and repair costs
  • Medical bills
  • Indirect costs incurred as a result of the car crash, such as car hire
  • Loss of current and future earnings
  • Loss of personal effects
  • Wrongful death

How to Prove Pain and Suffering

Generally, an insurance company will require proof of your pain and suffering to consider it in its calculation. Hospital bills prove that you received treatment for your injuries. However, you may need more than medical records and a police report to prove fault and the extent of your suffering and pain. Statements from your doctor detailing your ongoing treatment and estimated recovery time can help your case.

Your car accident attorney will advise you on the type of evidence you require for your unique case. You may even hire accident reconstruction experts to prove liability and recover damages.

The first takes the total of visible damages & multiplies it by a number, depending on the severity of injuries. This method aims to provide crash victims with an appropriate level of compensation. It also seeks to reimburse parties involved for direct economic costs.

The second method takes a per-day rate calculated from the day after the accident happened until the victim fully recovered. However, this method may not work for those with permanent injuries.

Nowadays, many insurers use computer programs to calculate a settlement figure. These programs may also raise a red flag if certain aspects of a claim appear suspicious. In such a case, car accident lawyers may negotiate with the insurers, especially if they presented an initial offer that does not adequately reflect the consequences of car accidents.

What Can Disqualify Your Claim?

  • Making false claims
  • Evidence of an unlicensed driver
  • Driving with an expired policy
  • Violation of motor laws, such as failure to obey traffic laws or a drunk driver
  • Delayed filing
  • Leaving the accident scene before the police arrive

Reasons to Hire a Car Accident Lawyer

The moments following car accidents can be painful, confusing, and overwhelming. That is why it is always best to hire a car accident lawyer. The truth is that a personal injury attorney can play a vital role in the legal process of fighting for your rightful compensation & protecting your rights. Some of the reasons to hire a car accident lawyer include the following:

  • Sound knowledge of the law
  • Experience handling insurance firms
  • Most personal injury attorneys help their clients determine the appropriate amount of compensation
  • Car accident lawyers know how to support claims with evidence
  • Explaining settlement options

Hire the Best Personal Injury Lawyers in Illinois

Our expert team of trial attorneys will take the time to educate you & fight to ensure fair and full civil justice for your personal injury claim.

 

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