The Other Driver’s Insurance Company Is Not on Your Side
After a car accident in Chicago, you will likely need to file a claim with the other driver’s insurance company. This is called a third-party claim. It is how you get compensated for your injuries and property damage when someone else caused the crash.
But here is what many people do not realize: the other driver’s insurer works for the other driver, not for you. Their job is to protect their policyholder and pay as little as possible on claims. Every dollar they save on your claim is a dollar they keep.
Knowing how to handle this process can make a real difference in what you recover.
What Happens After You File a Third-Party Claim
Once you report the accident to the at-fault driver’s insurance company, they assign an adjuster to your case. The adjuster investigates the accident, reviews the police report, looks at vehicle damage, and evaluates your injuries.
Within a few days, the adjuster will likely contact you. They will sound friendly and helpful. They may express concern about your injuries. But make no mistake. That adjuster’s job is to gather information that helps the insurance company pay less.
The Adjuster’s First Call
The initial phone call usually covers basic details about the accident. The adjuster may ask:
- How the accident happened from your perspective
- What injuries you sustained
- What medical treatment you have received
- Whether you have missed work
- If you have spoken with a lawyer
Keep your answers brief and factual. Do not speculate about fault. Do not describe your injuries in detail. Anything you say can be used to minimize your claim later.
The Request for a Recorded Statement
The adjuster will almost certainly ask for a recorded statement. They will tell you it is routine or required. It is not required. You have no legal obligation to give a recorded statement to the other driver’s insurance company.
Recorded statements are one of the most effective tools adjusters use to undermine claims. They ask questions designed to get you to say things that hurt your case. Politely decline until you have consulted with an attorney.
Understanding the Claims Process Timeline
In Illinois, there is no strict deadline for an insurance company to settle your claim. However, the Illinois Insurance Code requires insurers to handle claims in a timely manner. They must acknowledge your claim within a reasonable time and begin investigation promptly.
In practice, the process can take anywhere from a few weeks to several months. More serious injuries take longer because you need to reach maximum medical improvement before you can accurately value your claim.
Here is a general timeline:
- Week 1-2: File the claim, adjuster assigned
- Week 2-4: Investigation phase, adjuster reviews evidence
- Ongoing: Medical treatment continues
- After treatment: Demand letter sent with full documentation
- Negotiation: Back-and-forth on settlement amount
- Resolution: Settlement agreement or lawsuit filed
What Information the Insurance Company Will Want
The adjuster will request various documents and records. Some requests are reasonable. Others go too far.
Reasonable Requests
- Copy of the police report
- Photos of vehicle damage
- Medical bills related to the accident
- Proof of lost wages
- Repair estimates
Requests to Be Careful About
- Blanket medical authorization: The insurer may ask you to sign a release giving them access to all your medical records. Do not sign this. It lets them dig through your entire medical history looking for pre-existing conditions to blame.
- Social media access: Some adjusters ask for your social media handles. They will search your profiles for posts that contradict your injury claims.
- Tax returns: They may request several years of tax returns to dispute your lost wage claim. Only provide what is directly relevant.
How to Communicate with the Other Driver’s Insurer
Keep It Short and Professional
You do not need to be hostile, but you should be guarded. Answer direct questions with brief, factual responses. Do not volunteer extra information. Do not discuss your feelings about the accident or your injuries in detail.
Put Everything in Writing
Whenever possible, communicate by email or letter rather than phone. This creates a paper trail. If you do speak by phone, take notes afterward with the date, time, and what was discussed.
Do Not Admit Fault
Even casual statements like “I should have been paying more attention” can be used against you. Illinois follows modified comparative negligence. Any fault assigned to you directly reduces your recovery.
Do Not Accept the First Offer
The first settlement offer is almost always low. The insurer expects you to negotiate. If you accept it, you cannot come back for more money later, even if your injuries turn out to be worse than you thought.
Filing with Your Own Insurance vs. the Other Driver’s
You have the option of filing a claim with your own insurance company. This is called a first-party claim. Your own insurer will pay for your damages and then seek reimbursement from the at-fault driver’s insurer through a process called subrogation.
Reasons to consider filing with your own insurance:
- The other driver’s insurer is dragging their feet
- The other driver has minimal coverage
- You need your car repaired quickly
- You have collision coverage or MedPay that can help immediately
Filing with your own insurer does not mean you are at fault. It is simply using the coverage you pay for.
What If the Other Driver Is Uninsured or Underinsured?
Illinois requires drivers to carry minimum liability insurance, but not everyone follows the law. If the other driver has no insurance or not enough to cover your damages, you may need to rely on your own uninsured/underinsured motorist coverage.
This coverage is optional in Illinois but strongly recommended. It steps in when the at-fault driver cannot pay for your damages.
When the Insurer Denies Your Claim
Insurance companies deny claims for various reasons:
- They dispute who was at fault
- They claim your injuries are not related to the accident
- They argue the policy does not cover the type of loss
- They say you missed a filing deadline
A denial is not the end of the road. You can appeal the decision, provide additional evidence, or file a lawsuit. In many cases, a denial is just another negotiation tactic.
The Role of a Demand Letter
Once your medical treatment is complete or you have a clear picture of your long-term prognosis, your attorney will send a demand letter. This letter outlines:
- How the accident happened and why the other driver is at fault
- Your injuries and medical treatment
- Your medical expenses, lost wages, and other damages
- A specific dollar amount you are requesting
The demand letter is the starting point for serious settlement negotiations. It puts the insurance company on notice that you know the value of your claim and are prepared to pursue it.
Why Having a Lawyer Changes the Dynamic
When you handle a claim on your own, the insurance company knows you probably do not know the true value of your case. They also know you are unlikely to file a lawsuit.
When you have a lawyer, the dynamic shifts. The insurer knows your attorney will:
- Calculate damages accurately
- Push back on lowball offers
- File a lawsuit if negotiations stall
- Take the case to trial if necessary
Research consistently shows that accident victims with legal representation recover more, even after attorney fees.
Mistakes to Avoid When Dealing with the Other Driver’s Insurer
- Giving a recorded statement without a lawyer: This is one of the biggest mistakes people make.
- Signing a blanket medical release: Only authorize access to records directly related to your accident injuries.
- Accepting a quick settlement: Wait until you know the full extent of your injuries.
- Posting about the accident on social media: Adjusters check your profiles.
- Missing medical appointments: Gaps in treatment suggest your injuries are not serious.
- Waiting too long to file: Illinois has a two-year statute of limitations for personal injury claims.
Protect Your Rights After a Chicago Accident
Dealing with the other driver’s insurance company is stressful, especially when you are hurt and trying to recover. You do not have to handle it alone. Whether you were hurt in a car accident, truck accident, or motorcycle accident, an experienced attorney can handle the insurer while you focus on getting better.
Call Phillips Law Offices at (312) 346-4262 or contact us online at /contact/ for a free consultation.