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Car Insurance Claim Lawyer

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Award Winning Chicago personal injury lawyer

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Award Winning Chicago personal injury lawyer

Jonathan Rosenfeld - J.D

September 18, 2024

  • Over $450 Million worth of case results
  • Awarded The Best Lawyer in 2024 by U.S. News

The National Safety Council estimates that there were approximately 12.8 million car accidents in the United States in 2022, representing a significant number of car insurance claims [1]. 

A car insurance company works in their best interest, not your own, which means having a car insurance lawyer from Rosenfeld Injury Lawyers on your side can ensure your auto insurance policy covers all the damages it is intended to. 

An experienced personal injury attorney from our team can help you navigate the challenges of a car accident claim. This includes identifying which insurance policy is meant to cover the accident and negotiating with insurance providers to ensure they provide every reimbursement they are legally required to. 

Why Hire Our Car Insurance Claim Lawyers

Rosenfeld Injury Lawyers is highly familiar with the many tactics insurance carriers use to avoid accountability and will help you recover damages. We have decades of experience working with insurance company cases and have secured millions in damages on behalf of our clients.

$4 Million

Wrongful death car accident settlement

$3.2 Million

Pedestrian suffering orthopedic injuries

$2 Million

Rollover accident policy limit settlement

$1.6 Million

Rear-end collision claim for herniated disk 

$499 Thousand

Facial injury car accident settlement

$350 Thousand

Broken leg car accident recovery

Our Approach to Car Accident Insurance Cases

Our team of car accident attorneys is committed to our clients and takes an aggressive approach, demanding the car insurance company pay their fair share. We recognize that getting in a car accident is a stressful experience, so we work to minimize the disruptions to your everyday life so you can recover with peace of mind. 

In all of our cases, we take an objective and methodical approach to ensure we have the best possible chance of success. We’ll carefully investigate the car accident, including determining who the at-fault party is. Our team will also review your policy to identify exactly what is covered. 

We Negotiate With the Insurance Company on Your Behalf

The insurance company will do everything possible to diminish their responsibility, which can include avoiding your calls or delaying by demanding excessive evidence.

You’ll work with an attorney who is well-versed in typical insurance payouts for accidents like yours. Our attorneys are skilled in negotiation, providing evidence, and pushing for maximum compensation based on the facts of the accident. 

We pressure companies, forcing them to respond in a timely manner and remaining mindful of any deadlines. At the same time, we’ll balance the costs of continued negotiation with the benefits of a higher settlement, so you receive the maximum benefit of our services. 

Our Lawyers Will Represent You in Court

While we are typically able to settle with the car insurance company, sometimes a claim must be taken to court. If this is necessary, your attorney will provide world-class legal representation before a court of law, explaining the legal process to you and skillfully presenting the evidence to a judge and jury. 

We Work on a Contingency Fee Basis

You pay nothing upfront to secure our services. Instead, we deduct our legal fees from your settlement. We don’t get paid unless you win, so there is no risk in scheduling a free consultation. Everything, from the investigation to court representation, costs you nothing out of pocket. 

Understanding Car Insurance Coverage

In every state except New Hampshire, auto accident coverage is required [2]. However, coverage requirements differ by jurisdiction, so it’s essential to familiarize yourself with your particular state’s laws. 

Every state except New Hampshire requires liability insurance. This insurance covers your liabilities in a car accident, such as a serious injury to the other driver or property damage. The minimum coverage in most states is $25,000 per person or $50,000 per accident for personal injury and $20,000 for property damage [3]. 

Some states also require these additional insurance policies, which are optional elsewhere.

In 2022, approximately 14% of drivers didn’t have auto accident insurance coverage, meaning that if you were to get into an auto accident, you might have to pay out of pocket for your own injuries [4]. 

Uninsured motorist coverage can pay you and your passengers for personal injury and property damage. In contrast, underinsured motorist coverage will compensate for the difference in the other driver’s insurance policy. Approximately half of all states require UM or UIM [5]. 

PIP is required in no-fault states, where you will always make an insurance claim to your insurance carrier rather than the other driver’s insurance company. PIP will pay your medical expenses for injuries sustained in an accident for anyone covered by your policy. In some states, it will also cover lost income and disability.

No state requires collision insurance, but your insurance provider may require it if you lease or finance a vehicle. This coverage will pay for damage to your vehicle after auto accidents, including those with stationary objects. Collision insurance doesn’t cover things like animal strikes or damage to your vehicle from things outside of your control, like downed trees.

Comprehensive coverage is also not required by any state, but it will cover damage to your car from circumstances other than a car accident, like theft, vandalism, storms, or falling objects. There’s no minimum amount, but most insurance companies recommend that you take a policy equal to your car’s value.

Common Issues When Filing Car Accident Insurance Claims

The car accident claims process is often filled with pitfalls, as insurance companies want to pay the least amount possible. As such, hiring your attorneys from a car accident law firm like Rosenfeld Injury Lawyers will help ensure a fair settlement offer and prevent unnecessary delays.

Uninsured/Underinsured Motorists

Because the at-fault driver doesn’t have a policy or the policyholder’s liability coverage isn’t enough to cover your expenses, you must file your own claim against your policy. To avoid paying, the insurance adjuster may claim that you’re responsible for the damages or that the damages the other driver caused were not as significant as you claim. 

If you’re in an at-fault state and injured by an uninsured motorist, you may not be able to make an insurance claim and must pay for all your own medical bills. 

Claim Denials and Delays

Chicago auto insurance claim lawyers

Your car insurance company may deny your claims without explanation, even when you have sufficient evidence, like medical bills and a police report.

Insurance agents may also delay while their own attorneys review the case and identify ways to avoid providing compensation. This can include ignoring your calls and emails or demanding more evidence, like witness statements, additional information about any medical treatment you have had, or visual evidence.

An experienced insurance claim attorney understands these tactics and will push your insurance company to remain responsive. 

Low Settlement Offers

Insurance companies don’t want you to recover compensation because it hurts their bottom line, so they will significantly underestimate claims. They’re also aware that most consumers aren’t familiar with typical settlements, allowing them to significantly undervalue claims. 

In many cases, people accept the first offer they are provided without negotiating, which is why it is crucial to work with an attorney who is familiar with typical settlements in similar accident cases. We will independently verify the circumstances of the collision and compare it to the usual compensation so you receive a fair offer. 

Bad Faith Insurance Practices

Unfortunately, it’s not uncommon for auto insurance companies to act deceptively toward their customers to ensure they can’t receive compensation. 

They may inaccurately describe the property damage or say that you cannot make a claim if you are partially at fault, even when your policy allows for this. If your policy covers lost wages, they may claim it only covers medical expenses to avoid paying more. 

Other tactics include failing to disclose claim filing deadlines, refusing to send a payment, failing to investigate the claim, or refusing to negotiate. 

Breach of Contract

Breach of contract is when the company fails to honor its obligations as written in a contract. That may include denying claims that match qualifications, failing to offer you the compensation you’re entitled to, misinterpreting the contract in their favor, or subjecting you to unreasonable delays.

In any of these instances, the best course of action is to secure legal help from experienced attorneys like those at Rosenfeld Injury Lawyers. We can investigate your insurance contract and assess whether the company has followed their own procedures.

Car Insurance Claim FAQ

The insurer will assess liability by looking at the evidence and comparing it to state laws. This can include examining police reports, surveillance footage, and medical records to identify how the accident happened. For example, in a T-bone collision, proving fault might depend upon a red-light camera to see who failed to yield.

Your ability to receive compensation depends on state laws around comparative negligence. In many states, you can receive partial compensation as long as you are no more than 50% responsible for the collision. 

Your insurance company will assess the blame assigned to each party and reduce your compensation accordingly. However, they often overestimate your percentage of blame, which is why an attorney is helpful.  We’ll make sure they fairly assess your responsibility.

A vehicle is considered totaled when the cost of repairs is higher than the cost of replacing it. In this case, you may receive compensation up to the actual cash value of the vehicle, which is how much you would have received if you sold it before the crash. 

Contact a Car Insurance Claim Lawyer Today!

Jonathan Rosenfeld, Chicago Personal Injury Lawyer

Rosenfeld Injury Lawyers works hard to hold insurers accountable for their responsibility to customers, guiding our clients through the car accident claim process and negotiating with adjusters to receive a fair settlement. We work on a contingency fee basis, so you owe us nothing unless we are able to secure you a payment.

 Contact us online to schedule your free consultation, or call us 24/7 at (888) 424-5757.

References: [1] National Safety Council, [2] Progressive Insurance, [3] Progressive Insurance, [4] Insurance Information Institute, [5] Progressive Insurance

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Consulting an experienced attorney is a critical first step in understanding your legal options. During a free consultation, we will examine the unique details of your case, explain the possible paths forward, and answer any questions you may have. Our skilled lawyers will provide you with personalized advice tailored to your needs, helping you understand your rights and explore the options available to pursue fair compensation.

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Client reviews

“Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.”

Michonne Proulx

“Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.”

Ethan Armstrong

“Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.”

Giulia

“This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.”

– Daniel Kaim

“Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother’s death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.”

Lisa
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