Most car accidents, including minor ones, will cost you. You may have towing costs, repair bills, and storage expenses for your vehicle. You may also end up with medical costs and income losses if you suffer injuries. Fortunately, Illinois law gives you the right to pursue financial compensation from the driver responsible for causing your crash.
Many crash victims wonder, “Should I get a lawyer for a car accident?” The need for a lawyer depends on many factors, including the severity of your injuries and interactions with the other driver’s insurer.
The Accident Claims Process
Illinois has a fault-based insurance system requiring vehicle owners to buy liability insurance. This type of policy includes bodily injury liability (BIL) coverage and property damage liability (PDL) coverage. State law requires coverage in the following amounts:
- $25,000 in BIL per victim, up to $50,000 per crash
- $20,000 in PDL per crash
Victims must file a claim with the at-fault driver’s insurer to receive insurance benefits. This claim will generally include documents and records that indicate the insured driver’s liability and the victim’s losses.
You can prove liability by showing that the insured driver acted negligently. In this context, “negligence” means failing to exercise reasonable care for the safety of others.
Examples of negligent acts include legal violations like speeding or driving under the influence and dangerous acts that might not result in a citation, such as rubbernecking at another crash or eating while driving.
You can use financial and medical records to prove your economic losses. These documents will show how much you’ve spent on medical care and repair bills, as well as the income you’ve lost due to your injuries. Non-economic losses like pain and suffering are more difficult to prove. However, the insurer may infer them from the severity of your injuries.
A claims adjuster will investigate your claim and determine whether it falls under the insured driver’s policy. If your claim is denied, you may need to submit additional evidence or present legal arguments to overcome the denial.
If the insurance company persists in denying your claim, you may have the right to file a lawsuit. Conversely, if your claim is accepted, you can negotiate a settlement to cover your losses.
Defining A Minor Car Accident
Police officers and insurers don’t use the term “minor” car accident. Instead, they use two other terms. Your need for a car accident lawyer might depend on the type of accident you experienced.
Property Damage-Only Crash
Some crashes only result in property damage. For example, a low-speed collision in a parking lot might crush your headlights or dent your door without injuring you or the other driver. Similarly, you might hit a pothole in a store’s parking lot and bend your wheel rims without suffering any injuries.
After these sorts of crashes, you would file your claim with the at-fault party’s insurer. Since your losses are readily quantifiable using repair bills or estimates, you and the insurer should be able to arrive at a fair settlement.
Minor Injury Crash
Minor injury crashes occur when you suffer a non-incapacitating injury. You don’t need an ambulance; you may visit an emergency room, a quick-care clinic, or a doctor for a diagnosis and treatment. However, your injuries heal, and you don’t suffer any long-term effects.
These cases might require a lawyer. Both you and the at-fault party’s insurer have much more at stake in an injury crash. Even a minor injury could require thousands of dollars in medical care. If you miss a few days or weeks of work, you might lose thousands of dollars in wages as well.
Insurers aren’t in business to pay claims — they’re focused on earning profits. Sometimes, they seek to improve their profit margins by underpaying claims. Working with a lawyer can improve your chances of receiving a fair payout that covers the full range of your losses.
Should I Get A Lawyer For A Minor Car Accident?
If you’ve been in an auto accident, you should consider consulting a lawyer. Most personal injury attorneys offer free consultations to ensure that prospective clients understand the costs and benefits of hiring an attorney.
Some scenarios in which you may need a lawyer include the following:
Your Claim Was Denied
Adjusters can deny claims for any number of reasons, including:
- The policy in question wasn’t in force during your accident.
- The policy doesn’t cover the driver.
- The driver wasn’t negligent.
- The crash didn’t cause your injuries.
The claim denial will explain the grounds, but it won’t tell you what you must do to challenge it. You’ll need to speak with an attorney about your situation to learn how to get around the denial.
The Other Driver Blames You
Illinois applies a legal doctrine known as comparative negligence. When an injury victim contributes to the cause of their accident, they can still pursue compensation. However, their payout is reduced in proportion to their share of the blame.
For example, suppose that you weren’t paying attention when a driver ran a stop sign and T-boned the other vehicle as a result.
The other driver would bear most of the blame because they ran a stop sign. However, you might also share liability since you were distracted or inattentive. If you were to be assigned 10% of the fault, you would only get compensation for 90% of your losses.
A qualified lawyer can help you rebut this defense by presenting evidence that maximizes the other driver’s liability and minimizes your own.
The Other Driver Was Uninsured
If you get hit by an uninsured driver, you’ll need to pursue alternative options for seeking injury compensation. Specifically, you must either file a claim under your uninsured motorist coverage or pursue a lawsuit against the driver. In either case, it’s up to you to prove that the other driver drove negligently.
Once again, an attorney can help you assemble the evidence and arguments needed to establish liability.
Hiring A Car Accident Lawyer For Minor Accidents
You can file an insurance claim on your own after a minor crash, but you may need a lawyer if your claim runs into problems. Claim adjusters often use denials, delays, and low-ball offers to frustrate claimants into giving up. A legal professional can help you overcome these issues as you seek fair compensation.
Contact Our Car Accident Lawyers At Joel E. Brown, P.C. in Peoria, IL for Assistance Today
To learn more, contact our skilled personal injury attorney at Joel E. Brown, P.C to schedule a free consultation. We are conveniently located in Peoria and proudly serve Peoria County, IL, and the neighboring communities.
Joel E. Brown, P.C
416 Main Street Suite 1300, Peoria, IL 61602
(309) 673 4357
Available 24/7