After an auto accident, one of the first things you may have to do is file an insurance claim for damages. If another driver caused the damage, you have the option to file the claim with either your own insurance company if you have the appropriate coverages (a "first-party" claim) or the other driver's insurance company (a "third-party" claim).

What Happens after I File a Claim to the other driver’s insurance company?
The other driver's insurance company will investigate the claim and will offer a settlement if they determine their insured is legally responsible for your injuries or damages.

In most cases, the insurance company will not settle your claim until you sign a "release for damages." A release means you agree that the amount offered is the only amount you will ever receive from the other driver and the insurance company. Be sure you are ready to accept a final amount before you cash the check or sign the release.

An insurance company may not refuse to pay your agreed-upon property damage claim because the bodily injury claim is still outstanding.

Who Decides who is At Fault and How Much They Owe?
Illinois has a "comparative negligence" law which means that more than one person can be at fault in an accident. Under this law, you can collect damages only if you are less than 50% at fault for the accident. The settlement can then be reduced by your percentage of fault.

For example, if the other driver is 80% at-fault and you are 20% at fault, you can collect for your damages because you were less than 50% at fault. However, the other driver's insurance company might only offer to pay for 80% of your damages.

One of the important issues to remember is that receiving a ticket from the law enforcement does not automatically indicate who is responsible. Such an establishment is fulfilled by insurance company in contrast with police report, statement from both sides and all witnesses. If both of the sides are not able to agree on a settlement, final word in this case has court.

What if the Insurance Company Denies My Claim or I Disagree with Their Settlement Offer?
If you will find yourself in this situation, your only recourse would be:

• make a claim under your own policy if you have the appropriate coverages;
• file suit against the at-fault driver in small claims court, if your damages fall within the county's limits for small claims suits; or
• seek other appropriate legal counsel.
• File a complaint with Illinois Department of Insurance. Such a department will contact your insurance company and ask to again review your claim.

Only a judge or jury can ultimately decide who was at fault in an accident or how much another person owes you for your damages

Must I Conclude My Claim within a Certain Time Frame?
Illinois law in regards to claims for compensation has a time period to file a suit, which is:

• Within 2 years from the date of accident for bodily injury claims
• Within 2 years from the date of your 18th birthday if you were under age 18 when the accident occurred.
• Within 5 years from the date of the accident, regardless of your age at the time the accident occurred in case of property damage claims.

When Will the Insurance Company Contact Me?
Illinois insurance law requires a company to communicate with you within 21 working days after they are notified of the loss.
Therefore it is not 2 days or a week. Fortunately most companies will contact both sides of accident a lot sooner.

During repair of my car, do I have to agree to install used parts?
No, but insurance company does not have any obligation to install new parts. If you make a request for only new parts, you could be responsible for covering the difference in price between the used and the new once.