When you’re injured or your motorcycle is damaged in an accident caused by another party, you may be entitled to compensation in Illinois. But how do you obtain that compensation?
Filing an insurance claim is usually the right place to start your journey toward financial recovery. A motorcycle accident attorney at the Law Offices of Glenn & West, LLC can help you with filing your claim and ensuring you receive the result you deserve.
Two Types of Insurance Claims for Motorcycle Collisions
When you’re involved in a collision, there are generally two types of claims, depending on your situation: personal injury claims and property damage claims.
A personal injury claim helps recover compensation for injuries and related losses you sustained due to your accident. On the other hand, a property damage claim can help you recover financially from damage to your motorcycle.
Based on the specifics of your case, you may file a claim for one or the other, or even both. If you aim to seek compensation from another driver’s insurance company, it’s important to create a connection between the driver’s wrongdoing and your injuries and/or damage.
Preparing to File Your Insurance Claim
Before filing your collision claim, preparation is key. One of the best ways to prepare for filing an insurance claim is to collect relevant information and evidence.
If possible, try to collect evidence soon after your collision. Some of the best evidence for motorcycle accidents includes:
- Photos and videos showing your motorcycle, the other vehicle involved, your helmet, and your injuries
- The other driver’s contact and insurance information
- Witness contact information
- Medical records and bills
You or your attorney can obtain additional evidence as it becomes available, including police reports and traffic camera footage.
One of the most critical parts of an insurance claim is proving the other party’s fault. By using pertinent evidence, you can strengthen your claim and increase your chances of obtaining a favorable outcome.
Fault or No-Fault: How Does Illinois Handle Collision Claims?
When dealing with collision claims, it’s essential to determine whether your state follows no-fault or fault rules.
In a no-fault state, no one is to blame immediately after a collision. Instead, you must carry personal injury protection insurance and file a claim under your own insurance policy for compensation. Then, if it is later proven the other driver was at-fault, your insurance company can pursue reimbursement from the at-fault driver’s insurance.
In a fault state, the person at fault for an accident is financially responsible to the victim for their harm and property damage. Instead of filing a claim with your own insurance company, you’d file a third-party insurance claim with the at-fault driver’s insurance for compensation.
Illinois is a fault state. Therefore, in a collision caused by another party, you can pursue financial recovery from that party’s insurer.
Filing a Motorcycle Accident Insurance Claim
Regardless of whether you intend to file a third-party collision claim with the at-fault driver’s insurance, you still need to notify your own insurance company. Insurers want to know when their insured vehicles are damaged or involved in collisions. As soon as possible after your crash, contact your insurance company to put them on notice.
To initiate the claims process with the other driver’s insurer, your attorney can contact them directly. The insurer will ask questions regarding your collision and assign an insurance adjuster to your claim. The adjuster is responsible for investigating your collision to determine how much your claim is worth.
Once the insurance company’s investigation has concluded, they can render their decision. They may offer you a settlement, or deny your claim. Regardless of the outcome, you shouldn’t proceed without first discussing it with a qualified motorcycle accident lawyer.
What if the Responsible Driver Is Uninsured?
If the at-fault driver is uninsured, this does not automatically mean you won’t receive any compensation for your injuries and losses.
If your insurance policy has uninsured motorist coverage, you can make a claim under your own policy. This type of insurance coverage exists to protect you in case you’re involved in a collision with an uninsured driver.
Should your insurance policy not feature uninsured motorist coverage, however, you may have the opportunity to file a lawsuit against the driver. It’s best to speak with a skilled attorney regarding your options.
The Importance of Hiring a Motorcycle Accident Lawyer
When you suffer harm or your property is damaged in a motorcycle collision, it’s vital to seek guidance from an experienced motorcycle accident attorney.
While some insurance claims are simple and straightforward, many are not. Additionally, insurance companies have a reputation for being difficult to work with and taking advantage of unrepresented parties. A lawyer can help ensure the claims process goes as smoothly as possible and you obtain the recovery you’re entitled to.
The dedicated attorneys at the Law Offices of Glenn & West, LLC are highly experienced in helping motorcycle accident victims protect their rights. Our firm offers two convenient locations in Nokomis, IL, and Litchfield, IL.
