How To Gather Evidence For A Solid Car Insurance Claim

Personal Injury AttorneyThe best way to protect your legal rights after you are involved in a car accident is by collecting evidence. This is the first thing you should do – or ask an uninjured passenger to do – once both of you get your bearings.

The information you gather will play a crucial role in a personal injury or property damage claim you want to make against the at-fault driver. By gathering evidence, you can also protect your interests if the other driver makes a claim against you. Here are some things you should right after your accident.

Make A Video And Take Pictures Of The Scene Of The Accident

Chances are high that either you or your passenger will have a smartphone with you. Use it to take detailed videos and pictures of the accident site. Cover damages to your car, along with the state of the other vehicle. Also, take pictures of the visible injuries you and your passenger sustained because of the accident. The pictures and footage will allow you to strengthen your case if the other driver’s insurance company tries to devalue it.

Record Witness Statements

If you see witnesses around the accident site, take down their contact information and a verbal statement on video from your smartphone. You can contact them afterwards in case their testimony is required in court. The police officers who are dispatched to the scene will do this as well, but chances are, they will not record witness statements on video.

Make sure you make copies of the record police provide, as well as the video statements and contact information you receive from witnesses. If the insurance company tries to deny your claim, you will have irrefutable proof proving the validity of your claim.

Prevent Spoliation of Evidence

Some evidence that is critical for your lawsuit or injury claim may be discarded, damaged or ‘spoiled’ either by accident or by design. To ensure it is preserved until you make your claim, ask your attorney to draft a spoliation letter to the facility that has custody of the evidence.

The letter will put them on notice to ensure they preserve each piece of evidence to the best of their abilities. It will also make them liable if the evidence is destroyed by accident. This includes surveillance footage, emails, medical records or even a piece of your vehicle that broke off in the accident.

Personal Injury Attorney

If you are in search of a team of professional attorneys who are experienced in handling auto accident cases and claims, get in touch with the Law Offices of Robert Edens today. We offer our services in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL.

Watch Out For These Bad Faith Insurance Practices

Personal Injury AttorneyThe road to recovery following a car accident can be long and painful. However, if your insurance company refuses to cooperate and instead tries to reduce the value of compensation you deserve and need, your healing process may also be delayed.

When an insurance company tries to refuse a claim without a reasonable basis, it is acting in ‘bad faith’ and is essentially, breaking Illinois law. Unfortunately, this tendency is more common than you may realize. The good news is you can call them out for it – if you know what you are looking for. Here are common bad faith practices you or the other driver’s insurance company may try to pull on you:

Unjustified Claim Denial

If the insurance company denies your claim without giving a valid reason, you can file a claim of bad faith against them. A common example is if your auto insurance company refuses to get a policy holder’s vehicle repaired after it is involved in an accident without giving a reason for denial.

Denying Or Delaying Requests For Approval For Medical Treatment

When it comes to receiving approval for medical treatments after a car accident, time is of the essence. Insurance companies know this and many exploit it to deny or delay treatment requests.

The bottom line is: If your doctor says a surgery or any medical procedure is necessary, your insurance company should act on this request. If it doesn’t and your request is delayed, you can file a claim of bad faith against them.

Devaluing the Compensation

Insurance companies have more than enough money to compensate for their policy holders. They just aren’t enthusiastic about it because prioritize their profits over their clients. That is why many try to offer less money than what the claim is actually worth.

For example, if a tree fell on the roof of your house, your insurance company may only offer to pay half from the quote you received – even if your policy can pay for everything. In this case, they are acting in bad faith and can be called out for it by your attorney.

Personal Injury Attorney

If an insurance company has unfairly denied your claim, you have the right to take legal action against them. Get in touch with the Law Offices of Robert Edens today. We know insurance companies prioritize their own profits over their policy holders and have substantial experience in handling bad faith cases in court. We offer our services in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL.