Car Accident Lawyer Bloomington IL
Car Accident Lawyer Bloomington IL
Car Accident Lawyer Bloomington IL Explains if You Should Use Your Insurance Coverage After an Accident
As a car accident lawyer in Bloomington, Illinois, Pioletti Pioletti & Nichols understands that if you were recently involved in an accident that was someone else’s fault, you are eager to get the compensation you are owed. However, you first have to tackle a difficult question: should you use your insurance policy to pay for the damages to your car? In all likelihood, the best decision you can make is to accept payment from your insurance provider. However, there are some situations where it may not be beneficial to do so. As a car accident lawyer Bloomington, IL, Pioletti Pioletti & Nichols will lay out the advantages to both sides and explain the situations when it is best to go with either option.
Using Your Insurance
Choosing to accept payment from your insurance provider is a safe choice. The other driver is still legally responsible for compensating you no matter what. You can use your insurance to receive compensation faster, however, so you can repair your vehicle right away. If the other driver has insurance, then the two insurance companies will sort out the payment automatically.
Essentially, the insurance company will pay you for all damages to your car and then receive compensation from the other driver or insurance company. It is important to note that your insurance rates will most likely increase, even though you were not at fault. Simply being involved in an accident usually results in higher rates. Some individual insurance companies have policies where rates do not increase in this kind of situation.
Not Using Your Insurance
So, in what cases might you not want to go through your insurance? The only advantage is the ability to avoid having your insurance rates increased. However, it is very dangerous to do this. You are relying on the other driver to compensate you. If he or she refuses, you may have to hire a car accident lawyer Bloomington, IL recommends to file a lawsuit to get it. Then, if you lose your court case, you may be too late to receive compensation from your insurance provider. If this happens, you will be forced to pay for the damages to your vehicle out of your own pocket.
Another thing that makes this option less beneficial is that if the other driver reports the accident to his or her insurance provider, your insurance company will likely find out about the accident regardless and your rates may still increase. A car accident lawyer Bloomington, IL can tell you more about whether or not it would be a good idea to refuse your insurance company’s offer to reimburse you. It is rarely the case, but it does happen occasionally.
Understanding How Negligence is Defined and Proven
The term negligence can be defined quite simply: the failure to take proper care while doing something. In this case, it’s driving a car. However, when speaking of the legal definition of the phrase, things get a little more complicated because you have to start discussing social and professional contracts since negligence and personal injury are technically tort law. Therefore, to prove negligence, you must break down the components of a contract and the injury into four parts: duty, breach, causation, and damages.
The first step in proving negligence in a car accident claim is for your Bloomington car accident lawyer to demonstrate that the at-fault party had a duty to act in a certain way. For example, when you receive a driver’s license, you enter into a social contract, promising to obey the rules of the road and to remain vigilant and attentive while operating your vehicle. Once you establish that some form of duty was present, you can move onto the next phase.
Breach means that the at-fault party did something to break the agreement mentioned above or duty. For example, if a driver takes their eyes off the road to look at their phone or pick up something off the road, then they have breached their social contract. Primarily, breach refers to the moment when a person acted unreasonably or differently than most other people would have.
Once you prove a breach of duty, then you need to determine or demonstrate how that lead to your injury. For example, most people understand that it is not safe to text and drive, meaning that most reasonable people will pull over and park their vehicles if they need to make a call or text a friend. If the at-fault party continued to drive while attempting to text, then it is likely that the phone use caused a distraction that led to the collision.
Last, for negligence to be proven, the plaintiff must demonstrate real costs. Therefore, you cannot sue or make a claim without injury to your body or property. Also, those damages must be quantifiable, meaning that injuries must have a valid value.
Proving negligence is not always cut-and-dry. Sometimes to prove fault, you are going to need a little extra help. A local Bloomington, IL car accident lawyer can help you clarify and build your claim. An attorney will help you gather the necessary paperwork and research and then advocate on your behalf. Don’t let your injuries go unnoticed. Get the help and support you deserve.
Don’t wait to discuss your case with a Bloomington, IL car accident lawyer; call Pioletti Pioletti & Nichols today to schedule your free consultation.