What Happens After You File a Car Accident Claim in Chicago?

Filing a car accident claim is only a first step. The insurance company has a different objective; one that does not align with yours. You need to recoup your losses, and the insurance company wants to limit its liability and protect its bottom line. That means they will ask questions, investigate your claim, and review the evidence before making a decision about whether to accept, deny, or modify your claim.

You don’t necessarily need a lawyer to file a claim, but having one can make a significant difference in how your case proceeds and the final outcome. Your attorney can deal with the insurance company on your behalf, and protect your best interests throughout the legal process. Filing a claim with the insurance company does not stop the statute of limitations from running, so waiting too long to take legal action can put your right to recover compensation at risk.

What Happens Right After I File a Car Accident Claim?

After you file a car accident claim, the insurance company creates a claim file and begins its initial review of the incident.

The first stage of a car accident claim generally includes these four steps:

• Step 1 — Opening the claim: The insurer records the reported crash, identifies the policies involved, and assigns a claim number.
• Step 2 — Assigning an adjuster: An adjuster becomes responsible for investigating the claim and communicating with the parties.
• Step 3 — Gathering initial information: The adjuster may request the crash report, photographs, witness information, medical documentation, and vehicle repair estimates.
• Step 4 — Reviewing the facts: The insurer considers coverage, fault, injuries, property damage, and other claimed losses before deciding how to respond.

Filing an insurance claim is not the same as filing a lawsuit. A lawsuit generally begins only when a complaint is filed with the appropriate court. If you miss the applicable statute of limitations, you may fully lose your right to pursue compensation through a lawsuit.

How Does the Insurance Company Investigate My Claim?

The insurance company investigates your claim by comparing the reported facts with available evidence. After reviewing this evidence, the insurance company may have additional questions for you or challenge your account of what happened and the losses you are claiming.

Common sources of evidence may include:

• Police reports: The report from your car accident should identify all drivers involved, witnesses and their statements, citations issued, road conditions at the time, and each party’s account of the crash.
• Medical records: Treatment records may document reported symptoms, diagnoses, treatment plans, and medical opinions about whether the collision caused or aggravated an injury.
• Photographs: Images captured at the crash scene, visible injuries, road conditions, and vehicle positions may help clarify what occurred.
• Vehicle damage: Repair estimates, inspection reports, and damage patterns may provide information about the collision
• Witness statements: Independent statements from witnesses may confirm or challenge the drivers’ descriptions of the accident.
• Other evidence: Video footage, 911 recordings, medical bills, employment records, and electronic data may bear on liability or damages.

Why an Adjuster May Request More Information

An adjuster may request additional information when records are missing, driver accounts conflict, or the extent of the claimed losses remains unclear. The insurer uses the completed review to decide whether to accept liability, dispute the claim, or begin settlement negotiations.

How Long Does It Take to Settle a Car Accident Claim in Chicago?

There is no set time for settling a car accident claim in Chicago. Every case is unique, and the outcome depends on numerous factors. Before a claim can be resolved, the parties generally need to establish who was at fault, document the injuries and financial losses, and determine what those losses are worth.

Serious injuries can make the process take longer, particularly when treatment is ongoing or doctors have not yet determined whether additional care will be needed. The insurance company may also need time to review medical records, bills, employment records, and other evidence.

Disagreements from either side also add more time. Disputes over fault, the cause or severity of an injury, or the value of the claim may require additional investigation and negotiation. If the parties remain far apart after negotiations, the claim may move on to litigation. Moving forward with a lawsuit can sometimes prompt the insurance company to make a stronger offer.

Could My Car Accident Claim Go to Trial?

It is possible, but most car accident claims resolve through negotiation, rather than proceeding to a trial. A settlement may occur before a lawsuit is filed or even while litigation is pending, provided the parties can agree on liability and compensation.

A claim may sometimes move into litigation if the insurer denies their policyholder’s liability, disputes whether the crash is the cause of your injuries, challenges the extent of your damages, or makes an offer you are not willing to accept. Filing a lawsuit does not mean the case will reach trial because negotiations may continue throughout the litigation.

What If the Insurance Company Denies My Claim or Makes a Low Offer?

A denial or low settlement offer does not necessarily end your claim. It states the insurer’s current position and provides a basis for determining the next step. Review the explanation, relevant policy terms, and evidence the insurer considered before responding.

Additional investigation may uncover supporting evidence, while a documented counteroffer may continue negotiations. Depending on the facts, available coverage, and applicable deadlines, other options may include mediation or litigation. The viability of each option depends on the circumstances of the claim.

Why Insurance Companies May Delay, Dispute, or Undervalue Claims

Insurance companies may delay a decision, dispute a claim, or value it below the claimant’s assessment when important questions about responsibility, medical causation, or damages remain unresolved. A delay or disagreement does not, by itself, establish improper claim handling.

Assessing Fault and Whether the Crash Caused Your Injuries

Assessing fault is about determining who caused the crash, but there is another question the insurance company will want to answer too – whether or not the crash caused or worsened the injuries you are claiming. An insurer may agree its policyholder caused the accident and still dispute whether the crash caused every reported injury.

Pre-existing Injuries and Medical Conditions Can Complicate Your Claim

Pre-existing conditions complicate that question even more. The insurer may compare your medical records from before and after the crash to determine whether the accident caused a new injury, made an existing condition worse, or was unrelated to the symptoms. This is why, we don’t recommend agreeing to or signing anything before you speak to an attorney.

At Cooney & Conway, we would not recommend signing an agreement to release all of your medical records. The insurance company only needs to see records that are relevant to the accident that injured you.

Your Medical Records Can Affect the Value of Your Claim

Medical records that show a clear picture of your injuries, diagnosis, and treatment are hard to dispute when evaluating what a claim is worth. Getting a medical evaluation right away also helps, by linking your injuries to the accident that caused them.

Claims with Incomplete medical documentation, however, raise red flags with the insurance company. When a victim miss follow-up medical appointments, discontinue their doctor’s plan of care, and skip treatments altogether, it gives insurers room to question the severity of the injuries and credibility of a claim.

Seeking medical attention right after your car accident not only protects your health; it links your injuries to the accident that caused them.

The insurance company may also disagree with you about what medical expenses, lost income, future losses, and other damages should be covered. Your attorney can help you to accurately track all your damages, including injuries, like whiplash or back injury, that are harder to prove because they don’t always show up on diagnostic imaging.

How an Attorney Can Help Move Your Car Accident Claim Forward

An attorney can manage the legal and insurance issues while developing the evidence needed to support your claim. Legal assistance may include:

• Managing insurer communications: Counsel can respond to requests, track deadlines, and address cooperation requirements under your policy.
• Gathering relevant evidence: An attorney can crash scene evidence, medical records, physician opinions, witness statements, and employment records.
• Evaluating settlement offers: Counsel can compare an offer with documented medical expenses, lost income, future losses, and non-economic harm.
• Negotiating with the insurer: An attorney can present a supported demand or counteroffer and address disputes over liability, causation, or damages.

Preparing for litigation: If negotiations do not resolve the claim, counsel can preserve evidence, file court documents, conduct discovery, and prepare the case for further proceedings.

Frequently Asked Questions About the Car Accident Claims Process in Illinois

Can I still negotiate after the insurance company makes an offer?

Yes. Until a settlement is reached and you sign a binding release, you may accept, reject, or counter the insurer’s offer. Negotiations often continue for weeks to months, or even longer, before or after a lawsuit is filed.

What is a demand letter and when does it get sent to the insurance company?

A demand letter is a formal settlement proposal explaining liability, injuries, treatment, losses, and the requested payment. It is sent once the claim is sufficiently documented, either before litigation or while a lawsuit is pending.

Can I update my claim if my injuries turn out to be more serious than I thought?

Yes. Before your claim is resolved and before you agree to a settlement offer, you can continue to submit updated medical records, bills, and evidence of additional limitations or lost income. However, once you sign a binding release, you are generally prevented from seeking any further recovery for the same claim.

Can the insurance company record my conversations after I file a claim with them?

Yes, but it is limited. An insurer may record a conversation after getting your consent. The Illinois Eavesdropping Act (720 ILCS 5/14-2) prohibits recording private conversations without all parties’ consent and knowledge. Your insurance policy may require reasonable cooperation with the insurer’s investigation, but at a minimum, you do not need to agree to give a recorded statement before you speak with your lawyer.

What does it mean to reach a settlement agreement?

A settlement agreement means you and the insurance company have agreed to resolve your claim for a specific amount of money. In return for that payment, you must sign a release giving up your right to seek additional compensation from the liable parties for the same accident.

Will I have to give a deposition if my case goes to trial?

Yes. After a lawsuit is filed, the opposing party can require your deposition through proper notice under Illinois Supreme Court Rule 206. A deposition occurs during discovery and may take place even if the case settles before trial.

What happens if the at-fault driver’s insurance company and my insurer disagree on fault?

Each insurance company investigates the crash and makes an independent determination of who was at fault based on their findings and the terms of the policy. Your insurer may pay covered losses and then seek reimbursement while any disputes about liability continue through additional investigation, negotiation, or litigation.

How do I know if a settlement offer I receive is fair?

Assess the offer against your documented economic and non-economic losses, the available insurance coverage, disputed issues, and release terms. If you are still undergoing treatment for your injuries, you should seek legal advice to determine whether that offer is in your best interest.

Got Questions About Your Claim? Call Cooney & Conway for a Free Consultation

Your car accident claim can change considerably, as more evidence is discovered, medical treatment continues, or the insurance company suddenly takes a different position on who was at fault. Before accepting any offer, you should consider speaking with an attorney to find out exactly where things stand and what options remain.

If you were injured in a Chicago car accident, Cooney & Conway can help you evaluate your claim and deal with the insurance company on your behalf. Contact our Chicago office to speak with one of the experienced car accident lawyers at Cooney & Conway. Your consultation is free, and it is a great opportunity to to discuss your case, get answers to your questions, and find out how our firm may be able to help.

When we represent you, there are no upfront costs or out-of-pocket fees to worry about. We only get paid if you do.

Need help after a car accident in Chicago? Call Cooney & Conway today. (800) 322-5573.