Legal Question in Personal Injury in Illinois

Sorry about your situation.

Under the law, you are entitled to every damages you have incurred. The problem with property damage is that the insurance companies use a specific formula that only they know of, to calculate the value of a vehicle--sometimes that value falls far short of what a person may owe on the car. Further, you are also entitled to rental car while your car is being repaired. You are also entitled to every out of pocket expenses you have incurred along with all wage loss, medical bills, pain and suffering and loss of normal life, if any.

Without an attorney, you will be able to settle you case promptly, but you will be grossly short changing yourself--sometimes, if you need money right away, you may have no other choice but know that quick settlement usually fall short of the fair value of a case.

Attorneys such as myself work on a contingency basis -- that is you don't pay anything until I collect for you and if there is no recovery, you don't pay anything. So, you would do yourself a favor to at least talk to an attorney and let him or her see your case and tell you where you stand and what are your reasonable chances against this insurance company.

One thing is certain: you do not stand a chance to talk sense or fairness with the insurance adjuster who is trained and his sole reason for existence is to make sure the company pays you the least amount possible. They know the law, they do this day in and day out--you simply can't compete with them.

I hope this helps-

This is a common situation for people who cannot afford liability insurance. he insurance company knows that they have an advantage because you need a car now.

You can try showing the adjustor that your car is worth far more than what he or she offered. You need to obtain the value of your car before starting negotiations as wel las the cost of a rental. You can go to Edmunds or Kelley or the National Dealers Association Web sites to obtain values for your car. You can also check the local papers for similar vehicles. If you have recently repaired your vehicle or regularly maintain it, you should get your receipts and submit all of these items to the insurance company asap with a demand for your property value only. If they will not pay for a rental upfront, you are also entitled to loss of use for your vehicle. However, if denied, you will probbaly have to waive that if you need a quick settlement. Also, keep in mind that you can ask for the adjustor's supervisor. Sometimes, the adjustor is testing you. Keep in mind that it is the adjustors job to settle for as little as possible.

Unfortunately, it sounds as if you are dealing with a substandard insurer who is going to nickle and dime you. Since you need a car now you will have little choice but to accept their offer probabaly for less that what you want. However, give them the information you gather from the sources that I have mentioned and see if they come up. Even if you can get by without settling now, you may do better to settle for less than to hire counsel for property damage as the additional amount you receive after deducting fees may result in you receiving less than if you had not hired an attorney.

Personal injury is settled separate from property damage. Regarding pain and suffering and personal injury, you are entitled to medical bills paid and future medical bills, lost wages and future lost wages, disability, if any, disfigurement and pain and suffering. However, since this just happened last Friday, it is probably premature to settle this part of the case

Most attorneys offer free consultation for this kind of case and I suggest that you make an appointment with someone in your area. Sometimes, if you have a personal injury claim, an attorney will negotiate the property damage for you as a courtesy and without additional charge. Personal injury cases are usually handled on a no recovery no fee basis, so you have nothing to lose by at least setting up a consultation.

Good luck.

Hi. I am sorry to hear about the situation you are in. I am an injury attorney that handles claims throughout most of Missouri and southern Illinois (near St. Louis) as well.

As the other attorney from Chicago mentioned, it is in the interest of the insurance company to attempt to settle your claim as quickly and as cheaply as possible. If they attempt to get you to sign anything, you need to be very careful about the language in any documents that you sign. In some instances, it may be possible to receive a settlement for the value of your vehicle, yet still keep the property damage aspect of the claim "open". This could potentially allow you to receive compensation immediately, yet go back later and recover additional compensation for the cost of a rental vehicle, or, if they will not offer a rental, for the value of your loss of transportation.

Although there is less room to negotiate with the property damage aspect of your claim, as compared to the injury aspect, often, if you retain the assistance of an attorney, the insurance adjuster will be willing to negotiate, at least to some extent. They may negotiate with you on your own, but attorneys who have experience in dealing with adjusters could potentially have more success. In auto accident claims, I typically charge a very minimal or no fee at all for the property damage aspect of a claim, and if I charge a fee, it is simply a percentage of the amount recovered, so there is no up-front cost to a client.

I am assuming that your car was totaled. If you are having repairs to the car, there could be more room for negotiation in how much they pay to have the car restored. If the car was totaled, however, there could still be room for negotiation. Without knowing the make, model, and mileage of the vehicle, I cannot quite determine if the offer you have mentioned is reasonable.

I hope this assists you, at least to some extent. I can be reached via e-mail, for your convenience, at [email protected]. Thank you.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.