You have the right to pursue a car accident claim without legal representation. After a minor accident involving no injuries, it might make sense not to hire a lawyer. In these situations, the stakes are low if you make a mistake during your claim.
However, representing yourself after an injury accident might be a bad idea. You must recover the full value of your claim to pay for medical care and living costs. Without someone knowledgeable on your side to protect you, the insurer might take advantage of you by reducing or denying your claim.
Fortunately, there are ways to help determine when representation becomes necessary. Here are some signs that might tell you that you need to hire a car accident lawyer for your case:
The At-Fault Driver Is Uninsured
Illinois requires all vehicle owners to carry liability insurance, and most car accident cases begin with an auto insurance claim with the at-fault driver’s insurer. This compensates accident victims for the injuries caused by the at-fault driver’s negligence.
However, that avenue is unavailable if you’re hit by an uninsured motorist. Instead, you have two other options. First, you can sue the at-fault driver. If you prove negligence in court, the judge or jury will award compensation for your losses. However, lawsuits can be complex, and you may need a lawyer.
Second, you can file a claim with your auto insurer under your uninsured motorist coverage. All auto policies issued to Illinois vehicle owners must include such a policy. For this coverage to apply, you need to prove the uninsured driver was negligent in causing your crash.
While this might seem like the easier option, you have the same legal burden as you would in a lawsuit. As such, you might need an accident lawyer to assemble evidence and present arguments in both situations.
The Other Driver Blames You For The Crash
One way at-fault drivers and their insurers defend themselves is by shifting some or all of the blame to you. Under a doctrine called comparative fault, your compensation is reduced in proportion to your share of the blame. Thus, if you are 20% at fault for a crash because you were speeding, you can only recover compensation for 80% of your losses.
An accident attorney can counter this strategy by proving the other driver’s negligence was the sole cause of your injuries.
The Insurer Denies Your Claim
Insurers can deny claims for many reasons, including the following:
- The policy wasn’t in force during the crash
- The other driver wasn’t covered by the policy
- The other driver didn’t act negligently
- Your injuries weren’t caused by the accident
An auto accident attorney spends most of their time dealing with auto insurers. They know the law and insurance company procedures. A lawyer can often overcome your denial and resolve the claim.
The Insurer Questions Your Losses
A common strategy by auto insurers is to accept your claim but offer a low settlement. In some cases, the offer does not even cover your medical bills. The insurer might assert that you failed to document your losses properly or explain how they related to your accident. It might even claim that you overpaid.
Insurers are for-profit corporations. They have an incentive to pay as little as possible for claims. Insurers know that many claimants, particularly those without lawyers, will simply take low offers to settle claims. These claimants might not know that they can negotiate for more. Alternatively, they might lack the legal knowledge and negotiating skills to push for a higher payout.
After hiring a lawyer, you will discuss the value of your claim. Lawyers have an ethical duty to provide objective legal advice and analysis so you fully understand your legal situation. The lawyer will explain how much you can reasonably expect to recover based on your losses.
When the insurer accepts your claim, the lawyer will use this analysis to negotiate for a fair settlement. If the insurer refuses a reasonable offer, you and your lawyer can file a lawsuit.
You Missed The Statute Of Limitations
The statute of limitations determines how long accident victims have to file a lawsuit against at-fault drivers. Illinois sets a two-year deadline for personal injury cases, including car accident claims. When a crash victim misses this deadline, insurers can deny any claims, and courts can dismiss lawsuits.
However, the state excuses some delays. For example, victims under 18 at the time of their crash have two years from their eighteenth birthday to commence a lawsuit. Similarly, if the car accident caused a severe brain injury, the statute might be paused until a court appoints someone to file the lawsuit on the victim’s behalf.
If you missed the deadline, it’s in your best interests to contact a lawyer. They can help you identify your options and present them in court.
Contact Us To Speak To An Experienced Car Accident Attorney
An auto accident attorney from Kass & Moses Personal Injury Lawyers can protect your interests and advocate for a fair resolution to your case. Contact us for a free consultation at 847-513-9582 to discuss your accident and the compensation we can help you recover under Illinois law.
