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Dealing with an insurance company after an accident

On Behalf of | Sep 1, 2021 | Car Accidents

Being injured in an automobile accident in Illinois can be a frustrating experience. Those who are seriously injured have major physical problems to deal with from the very beginning, and then there comes the issue of negotiating with the insurance provider regarding medical bill coverage and associated expenses. This can become a complicated matter when the insurance company suspects significant comparative negligence on the part of the claimant. Depending on the seriousness of the injury, pursuing a lawsuit may be an option when the insurance company is being difficult.

Making initial contact

Many times, the respondent insurance company will have an agent call the injured victim and inform them of the status of their claim. This is typical in most motor vehicle accidents, and it can help the injured claimant to some extent in avoiding the apprehension of making the first call. However, the cordial beginning can become intense when it comes to discussing general damages beyond any special damages for physical property replacement, medical bills, and lost wages. General damages, also commonly called pain and suffering, may be the element of the claimed responsibility for ongoing problems.

Negotiating general damages

Insurance agents usually make little discussion of general damages for long-term issues as long as the claimant does not bring the topic up in conversation. The truth is that even a seemingly minor motor vehicle accident could carry a significant allowance for pain and suffering. This is the issue that most often sends a case to trial when comparative negligence can be used as a defense.

Denied claims stemming from motor vehicle accidents in Illinois have an element of comparative fault for drivers because of state law, and insurance companies use it regularly. Any percentage of personal fault determined by the court will be used to reduce the total value of any injury claim by that amount unless the percentage is above 51%, which is the financial recovery denial level.

An accident can result in serious injuries that lead to mounting bills for medical treatment and even psychotherapy. Injured victims may want to collect compensation from the at-fault driver’s insurance company.