Picture this: You’re driving down Lake Shore Drive when another car rear-ends you at a red light. After the initial shock, you exchange insurance information, call the police, and get checked out by a doctor. You expect the insurance company to step in and take care of the rest.
But in reality, handling an auto accident claim in Chicago is rarely simple. Insurance companies often use tactics designed to protect their bottom line — not your recovery. Understanding how insurers handle claims helps you protect your rights and avoid costly mistakes.
When you file an insurance claim after a crash, the process may seem straightforward at first. But behind the scenes, insurance companies are focused on minimizing what they pay out.
Before diving into the details, here’s what typically happens after a claim is filed:
Assigning an insurance adjuster to investigate the accident
Reviewing police reports, photos, and medical records
Interviewing drivers, passengers, and witnesses
Determining liability (fault) under Illinois law
Offering a settlement — often lower than the true value of your damages
Illinois follows a comparative negligence system. If you’re found partially at fault, your settlement may be reduced. Insurance companies often lean on this law to argue you were more responsible than you really were.
It’s important to recognize the strategies insurers use so you can avoid falling into their traps.
The longer a claim drags on, the more desperate victims may become for a quick payout.
Companies may overwhelm you with paperwork to frustrate or confuse you.
Adjusters may argue that your injuries were pre-existing or not as severe as claimed.
Many first offers are far below what’s fair. Insurers hope victims accept quickly without consulting a lawyer.
If you’re filing an auto accident claim in Chicago, here’s how you can protect your rights.
Always notify your insurance company, but stick to the facts. Avoid speculation about fault.
Get evaluated immediately and follow all treatment plans. Medical records are vital evidence.
Gather photos, police reports, medical bills, and witness contact details.
Insurers often use your own words against you. Never agree to a recorded statement without legal guidance.
An attorney can calculate the true value of your claim, negotiate with insurers, and take the case to court if necessary.
How long does an insurance company have to settle a claim in Illinois?
Illinois law requires insurers to respond promptly, but timelines vary. Some cases resolve in weeks, others take months.
What if the other driver doesn’t have insurance?
You may be able to file under your own uninsured/underinsured motorist coverage.
Do I have to accept the insurance company’s first offer?
No. In fact, first offers are often much lower than what you deserve. You have the right to negotiate or reject them.
Can insurance deny my claim?
Yes, but denials can often be challenged. An attorney can appeal or file a lawsuit if necessary.
What damages can I recover in an auto accident claim?
Medical expenses, lost income, property damage, pain and suffering, and in some cases, punitive damages.
Auto accident claims in Chicago are shaped by Illinois law and by insurance companies’ drive to minimize payouts. While they may appear helpful at first, insurers are not on your side.
Chicago’s Trusted Personal Injury Lawyer has decades of experience fighting back against insurance company tactics. If you’ve been hurt in an auto accident, we’ll make sure your rights are protected and your claim is valued fairly.
The Law Offices of John A. Culver offers over 3 decades of legal experience defending and prosecuting civil actions on behalf of a variety of clients, including numerous jury trials.