Category: Car Accidents

An insurance claim is a request for benefits or compensation for damages that result from a motor vehicle accident. The claim is typically made with the insurance company representing the driver who is at fault.  Both drivers will need to report the accident to their insurance companies, however, in accordance to the requirements of their individual policies. Many car insurance claims are made each day around the nation, and the process has become relatively standardized. That doesn’t mean the insurance company won’t push back if they believe they shouldn’t recognize their liability, but the process will be similar to most other accidents of the same type.

Chicago car accident attorneys are likely going to attempt to reach a settlement with the insurance company before going to court. The majority of car accident lawsuits are settled out of court. However, if the insurance company refuses to offer a reasonable settlement, or if they have decided to argue fault for the accident, you could find yourself going to court.  

Insurance companies try to minimize accident claims as a basic business practice. Reputable insurance companies do need to ensure that they are following the laws, however. There are several common reasons why an insurance company will deny a claim in good faith.

Per se negligence laws are a useful tool in a lawsuit when evidence of negligence is harder to acquire. If you are trying to win a slip and fall settlement, for example, your attorney will likely approach the case in a manner that fits a standard negligence case. However, if you’ve been hit by a drunk driver or otherwise injured in a car accident by someone who violated traffic laws and was cited in the process, you may be able to use negligence per se laws to sue for damages due to the injuries you sustained.

The common way car accident victims receive compensation is by filing a claim after a car accident with the at-fault driver’s insurance company. To file a personal injury claim, you need to contact the other driver’s insurance company and inform them of the collision. Prior to contacting the other driver’s insurance company, it is advisable to hire a car accident injury lawyer.  Filing a claim with the other driver’s insurance company is known as a third-party claim. It is called a third-party claim because you, the victim, do not have a contractual relationship with the at-fault driver’s insurance company.