Law Offices of Tedone and Morton, P.C.

Joliet Office

815-666-1285

Plainfield Office

815-733-5350

The Role of Insurance in Personal Injury Cases

Posted on

insurance, personal injury claims, Illinois personal injury attorneyGenerally, when a person causes an accident that injures another, he or she may not have the financial resources to compensate the injured party for medical bills, property damage, pain and suffering, and other damages. Fortunately, in many cases, insurance policies may cover at least some of the expense.

Insurance Coverage

When a person is injured by another's negligence, for example, in a car accident or a slip and fall injury, the primary recourse is to the negligent party's insurance company, if there is one. The first step, then, is to determine whether the negligent party has insurance. This may include auto insurance for drivers, or liability coverage for property owners.

Sometimes, the party at fault does not have insurance, or cannot be located, such as in a hit and run. In that event, the injured party's insurance may cover the injuries. Many drivers carry uninsured motorist coverage, which can compensate the injured party if the other driver was uninsured or unable to be located. Underinsured motorist coverage compensates injured drivers when the negligent party has insurance, but it is not enough to fully compensate the victim for his or her injuries. In that case, uninsured motorist coverage can make up the difference.

The next step is to determine whether or not the injured person is covered under the policy, and what the applicable policy limit is. In a slip and fall, for example, the property owner's policy may cover visitors. Generally, willful acts are not covered by insurance. This includes situations such as battery or when a driver intentionally runs into someone else.

The Process

When an injured person files a claim with an insurance company, a claims adjuster from the insurance company is responsible for processing the claim. It is important to remember that the claims adjuster represents the company, not the injured person. It is the adjuster's job to pay out as little money as possible.

If the injured party documents the claim as well as possible and demonstrates justifiable reasons for a larger settlement, the insurance company will more likely be willing to settle for a higher amount. But they must have a reason to go higher, beyond the plaintiff's unsupported allegations.

When the victim is able to reach an agreement with the insurance company, both parties will sign a settlement agreement. The settlement agreement will stipulate that the insurance company is to provide the victim compensation for the injuries, in exchange for giving up the right to pursue legal action against them for the claim.

If the injured party can settle with the insurance company, then he or she can avoid filing a lawsuit. This can save the victim time, money, and stress, because lawsuits are generally expensive and time-consuming.

If you have been injured because of someone else's negligence, it is important to retain counsel who can insure that you are not taken advantage of by an insurance company. Contact an experienced Will County personal injury attorney at the Law Offices of Tedone and Morton, P.C. We will review your case and help you take the necessary steps toward full financial recovery.

  • Badges and Associations
  • Badges and Associations
  • Badges and Associations
Back to Top