Call for a FREE CONSULTATION
You Don't Pay Until We Win
Call For A Free Consultation (312)726-9000
(312)726-9000
Being in a car crash can leave you hurt, overwhelmed, and unsure of what to do next. If someone else caused the accident, you may be able to file a claim and seek fair compensation for your losses. But the process can be confusing, especially if you’ve never dealt with insurance before.
At Conboy Law Injury & Medical Malpractice Lawyers, we guide injured drivers through every step of the auto accident settlement process. From handling your car insurance claim to collecting your medical records, our team knows what it takes to build strong personal injury claims in Illinois.
Whether the accident involved minor damage or serious injuries, we’re here to help you get through the settlement process and fight for the compensation you deserve.
Illinois has its own rules for car accident claims. It’s important to know how fault, deadlines, and liability work under Illinois law.
Under Illinois insurance laws, the person who caused the auto accident is responsible for the damages. This means you can file an insurance claim with the other driver’s insurance company to cover your losses.
Their liability insurance should cover costs such as vehicle repairs, medical expenses, and other related damages. If the other party has limited insurance coverage, you may also file with your own insurance company if you have the right policy.
Illinois follows a rule called modified comparative negligence, which means you can still recover damages even if you were partly at fault, as long as you are less than 51% responsible. However, your final compensation will be reduced by your percentage of fault.
If you were 20% at fault, your settlement agreement would be reduced by 20%. This rule often affects settlement negotiations with the insurance company.
Under Illinois law, you have two years from the date of the auto accident to file a personal injury lawsuit. This time limit is called the statute of limitations. If you miss the deadline, you may lose your right to seek compensation. That’s why you must act fast, gather evidence, and speak to a lawyer early in the settlement process.
Filing a claim is a step-by-step process. Understanding what to do and what to avoid helps prevent delays or denials.
If the other driver caused the crash, you will likely file an insurance claim with their provider. This car insurance claim should cover costs related to your injuries and property damage. You’ll need to contact the driver’s insurance company, report the accident details, and begin the claim process.
To strengthen your auto insurance claim, you’ll need to include clear proof. This may include medical records, photos, repair bills, repair estimates, and the police report. These documents help show how the crash happened and what losses you suffered. The more organized your claim, the easier it is to move forward in the settlement process.
While you should cooperate with the insurance provider, don’t give recorded statements without legal advice. Insurance adjusters may try to use your words against you to lower the settlement offer. Always be honest, but avoid guessing or making assumptions. Let your car accident attorney speak on your behalf if needed.
Each insurance company has its own steps, but most claims follow similar timelines. After you file, the insurance adjusters will investigate, request documents, and make a settlement offer. This process can take weeks or months, depending on how complex the case is.
Reaching maximum medical improvement before settling ensures all injuries and related costs are fully documented.
If you were injured, you may be entitled to more than just car repairs. Illinois allows several types of damages in personal injury cases.
You can seek payment for all past and future medical bills related to the crash. This includes hospital visits, prescriptions, therapy, and ongoing care. Be sure to keep copies of all medical records, bills, and receipts to support your claim. Waiting until you reach maximum medical improvement helps ensure that no future costs are missed.
If you missed work or can no longer earn what you once did, you may be able to claim lost income or reduced earning capacity. A fair settlement should account for both the income you have already lost and the income you may lose in the future due to your injuries.
Illinois allows you to recover costs for fixing or replacing your car and any belongings damaged in the crash. A property damage liability claim includes repair costs, rental car fees, and towing expenses. Always include receipts and repair quotes in your car accident settlement.
Pain and suffering include the emotional and physical stress caused by the crash. It can be harder to measure, but it’s a big part of many personal injury claims. Insurance companies may try to minimize this, but with the right support, you can request fair compensation for your pain, anxiety, or reduced quality of life.
Not every case needs a lawyer, but in many situations, legal help makes a big difference.
It’s common for the insurance company to offer less than what you need. A lawyer can review the settlement offer, determine if it’s fair, and help you push for a better outcome. Don’t accept anything until your injuries are fully treated and you know your long-term costs.
If the other party claims you caused the crash, or if both sides blame each other, it’s smart to hire a lawyer. Proving fault is key in car accident settlements, and your lawyer can help gather evidence, review traffic laws, and deal with the driver’s insurance company.
If you’ve suffered major injuries, surgeries, or permanent loss, legal support is critical. A lawyer can help calculate damages, coordinate with medical professionals, and negotiate with the insurance provider to pursue full compensation. These cases are harder and take more time, but the right legal help can protect your future.
Under the Illinois vehicle code, the at-fault party is the one who caused the accident through negligence, reckless driving, or failure to follow traffic rules. That person is legally responsible for paying damages to the injured person, usually through their insurance policy. Fault is determined by evidence such as the police report, witness statements, and photographs of the accident scene.
If the parties involved disagree on who caused the crash, your lawyer may conduct an independent investigation. This helps gather the facts needed to prove liability and protect your claim. If fault is disputed, the case may move into the discovery process, where both sides exchange evidence before trial or a possible settlement.
Illinois requires drivers to carry liability insurance and follows a comparative fault rule. That means more than one party can share blame, and the amount an injured person can receive depends on their percentage of fault. As long as you’re less than 51% at fault, you can still seek maximum compensation, though it may be reduced.
When injuries are severe or fault is unclear, hiring legal counsel can make all the difference. A lawyer helps guide you through the legal process, handles the insurance companies, and builds a strong case for damages. Their goal is to ensure you receive maximum compensation based on the facts, not what the insurance policy limits suggest.
The discovery process is a formal part of the lawsuit where both sides gather and share information. This includes depositions, document requests, and expert reports. It’s especially useful when the at-fault party denies blame or when the facts are complicated. Strong evidence during discovery often leads to fair settlements before trial.
If you’ve been hurt in a car crash, don’t wait to get help. At Conboy Law Injury & Medical Malpractice Lawyers, we’ll review your case, explain your options, and deal with the insurance company so you don’t have to. Our team helps with everything, from gathering evidence to preparing your demand letter, and we’ll fight for the fair settlement you deserve.
We offer a free consultation, and you don’t pay unless we win. Let us help you take the next step toward recovery. Call today to speak with an experienced Illinois car accident attorney who’s ready to protect your rights.
Joseph M. Conboy, founder of Conboy Law, represents victims of catastrophic injuries and wrongful death, securing numerous multi-million-dollar results. Recognized as a Super Lawyers Rising Star (2019–2022), he is a member of the American Association for Justice and Illinois Trial Lawyers Association. Mr. Conboy earned his J.D. from DePaul University and a B.A. in Economics from the University of Colorado.
If you or a loved one has been injured, don’t hesitate to contact our injury attorneys today!
"*" indicates required fields
