Do I Need a Car Accident Lawyer to File a No-Fault Insurance Claim?

Illinois is a “fault” state, however, if you get injured in an accident when working in another state or simply when traveling in a no-fault state, you should know about no-fault insurance claims as well.

Individuals who have a ‘no-fault’ insurance for their car take it upon themselves to file the claims. While it is easy to file a ‘no-fault’ claim, attempting to file a claim on your own is not advisable, because of the fact that there are a number of things that could complicate a simple claim very fast.

What is ‘no-fault’ insurance?

The benefits of ‘no-fault’ car insurance are available to an insurance policy holder irrespective of who was at fault for the accident. Though it is commonly assumed that a ‘no-fault’ claims can be made without the help of a lawyer. It often proves valuable to have an attorney who has experienced with filing auto insurance claims handle things.

Why should you opt for an attorney?

There are cases, where a claim for ‘no-fault’ policy claim filed in good faith has been declined by insurance companies. If you have sustained serious injuries in a car accident and need to file a non-fault insurance, you will likely need the assistance of an attorney.

1.   Claims involving severe injuries

In some states, the ‘no-fault’ clauses for injuries are complex. In certain states, a policy holder can file for ‘no-fault’ claims depending upon the severity of the injury or a certain amount of compensation fee is met by the claimant’s medical bills, whether from a third-party insurance claim, or from a personal injury lawsuit. In such cases, an attorney can help in determining the threshold of ‘severe injury’ set by a state, and help in meeting the compensation threshold. In a case where the case falls out of the ‘no-fault’ clause, your attorney could help with the claim if it gets more complex, and even help claim compensation for non-economic conditions like pain and suffering.

2.   Claiming for Personal Injury Protection

The Personal Injury Protection benefits clause covers the policy holder, as well as the family members like children and spouse. In most no-fault states, Personal Injury Protection benefits are available not only to the person who purchased the policy, but also to his/her family members who have no PIP benefits of their own, such as children. Also, in many states Personal Injury Protection benefits cover policyholders and their dependents not only in the family's own car, but also when they are passengers in another person's car or when they are hit by a vehicle in a bicycle or pedestrian accident. However, rules governing these benefits can be complicated, so obtaining a fair settlement can be difficult. An attorney who is well versed with the laws in your state can be of great help.

3.   Availing Income Replacement Benefits

Some states also cover a policy holder’s lost income from work for a limited time period along with the medical claims. Some states that use this pattern set a limit on wages that the policy holder can recover. An attorney can assist in availing the right amount of compensation even in cases where the insurance company refuses to comply and settle the claim in good faith.

4.    Third-party claims

While considering a ‘no-fault’ claim, the parties are usually addressed as ‘first-party’ or ‘second-party’. In such cases, a third-party could be another entity like the auto manufacturing company who could be a stakeholder in the accident. In such cases, though ‘third-parties’ are usually not included in no-fault claims, an attorney could help in availing compensation from the third-party.

The complications of ‘no-fault’ clauses in car insurance policies can be complex and you could end up with a tough legal proceeding, especially if the insurance company refuses to comply. It is therefore the best option to avail the assistance of an experienced car wreck attorney as soon as possible. Your attorney can explain your legal rights and help you obtain fair compensation.

If you have been injured in a Chicago Auto Accident, get in touch with Willens Law Offices today to schedule a free and private consultation. Call (312) 957-4166 today.