Chicago Attorneys for Auto Accident Insurance Claims Defense
Skilled Representation for Car Accident Insurance Claims in Illinois
Hundreds of auto accidents occur daily on Illinois roadways, resulting in numerous claims for everything from minor fender benders to multi-vehicle crashes with fatalities. Whatever the circumstances, auto accident insurance claims require a rapid and thorough investigation to determine the extent of the damage, liability, and the most appropriate defense strategy.
Since 1997, the award-winning lawyers at Brady, Connolly & Masuda, P.C have provided skilled insurance law and litigation defense for clients in Chicago, throughout Illinois and nationwide. Our legal team consists of many attorneys and a large support staff, and we regularly practice in trial and appellate courts throughout the state. When our insurer clients receive an auto accident insurance claim, our motor vehicle defense attorneys go to work immediately to assess the case thoroughly and take steps to secure the most favorable, cost-effective resolution.
Determining Fault for an Auto Accident
Illinois is a "comparative negligence" state, meaning multiple parties may share the fault for an accident. However, only parties who are less than 50% negligent may recover damages. In addition, the damage award is reduced by the percentage of liability the party shares for the accident. For example, if one party is 80% at fault and another party is 20% at fault, and the amount of damages is $20,000, the party that is 20% at fault would have their compensation reduced by 20% (from $20,000 down to $16,000).
Many newer vehicles are equipped with event data recorders (EDRs) that record critical data such as the speed the vehicle was traveling at the time of impact, whether or not the brakes were applied, steering angle, and much more. EDRs are typically part of the internal control system of the vehicle, and when recoverable, they can often provide solid proof that can be used to more precisely determine who is at fault.
Uninsured/Underinsured Motorist Claims
If an insured is involved in an auto accident and the at-fault party is uninsured or does not have sufficient insurance to pay the claim, the insured can file a claim with his/her own insurance company. Assuming the incident is a covered loss, the insurer would pay the claim (up to policy limitations) and pursue damages against the uninsured/underinsured party. Our lawyers have handled countless civil litigation subrogation cases for insurers, and we have an in-depth knowledge of the most effective strategies to recover some (or all) of the damages paid to insureds.
Determining the appropriate strategy for handling an auto accident insurance claim can be challenging. There are numerous factors to consider; such as the number of parties involved, the amount of the claim, the percentage each party is at fault, the likelihood of success at trial, and many others. In addition, Illinois has a statute of limitations of two years for personal injury (civil litigation) lawsuits, and five years for property damage lawsuits. For this reason, it is important to have the case fully prepared as early as possible, so all options remain on the table and you retain maximum negotiating leverage.
For a personalized consultation with one of our experienced Illinois auto accident insurance claims lawyers, contact us today at 312-425-3131. From our offices in Chicago and Bloomington/Normal, Brady, Connolly & Masuda, P.C. provides skilled representation for clients in Illinois, Missouri, Wisconsin, and throughout the country.