What is Meant by Bad Faith in Auto Accident Claims?

Auto Accident AttorneyAlso known as insurance fraud, bad faith is the term used in cases where the consumers and businesses have been mistreated by insurance providers. Bad faith claims arise when an insurance company wrongfully denies a potential claim and refuses to pay the insured, leading to the violation of the insurance policy terms and conditions. Unfortunately, it is a common occurrence in personal injury cases, like auto accident claims, depriving the victim of the coverage to the damages they sustained during the accident.

Understanding Insurance Bad Faith Claims

If an insurance provider violates any laws of Illinois pertaining to insurance claims or fails to justify the obligations that have been stated in the policy, it is said that it has acted in bad faith. Some examples of bad faith of insurance companies include:

  • Changing terms of your policy without notifying you, and negotiating your auto accident claim based on the new policy
  • Intentionally misconstruing the terms of your policy to reduce or deny your auto accident claim
  • Engaging in fraudulent or illegal activities
  • Using tactics to delay your claim or make the case go on for long to benefit from judicial loopholes
  • Not performing investigation of your accident, and determining the claim amount based on incomplete documentation and facts
  • Forcefully convincing you into obtaining cheaper and less effective medical treatments by claiming your policy does not cover the expensive ones, even it does
  • Purposely withholding information that can benefit you in order to avoid paying the full or fair amount of your auto accident claim

However, it is not necessary if your claim has been denied, the insurance company is acting in bad faith. A simply assessment mishap or error leading to reduce claim amount is enough to constitute as bad faith. If you want to file a bad faith claim, you must be able to prove that the insurer ignored potential evidence, tampered the policy terms, or failed to conduct a thorough investigation to gather evidence.

What Damages are Available in Bad Faith Cases

While most states allow a tort claim for bad faith, Illinois does not. Instead, violation pertaining to insurance claims are governed by 215 ILCS 5/155 of Illinois compiled statutes. Under this law, if an insurance company has been engaged in fraudulent acts or unreasonably delay the settlement of a claim, the court may order the insurer to pay attorney fees, along with the penalty amounting up to 60 percent of what the plaintiff is entitled to recover, or $60,000, or the excess of the amount that the company offered the plaintiff in settlement prior to the action.

Since bad faith claims are complicated and confusing, it is recommended to work with an experienced and reliable auto accident attorney who can provide legal assistance for your case. They will guide you through the process, provide a realistic assessment, and prepare for trial to ensure you get what you rightfully deserve. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

What Happens if your Uber gets in an Auto Accident in Illinois?

Car Accident AttorneyRidesharing services have become a preferred means of transport for many people, due to the reliability convenience, and low costs they offer to customers. Uber is among the most established ride-sharing programs in the United States known for successfully completing thousands of rides daily. It has been found that Uber completed its 2 billionth ride in Christmas 2015, which was its sixth year in the ridesharing industry. Considering the large number rides it completes every day, there are high chances of Uber drivers to be involved in auto accidents, leading to property damage and injuries.

So, what happens if you are riding an Uber and it has met an accident? If you are injured in the accident, who will be liable to pay for your injuries? It is important that you know what to do when seeking compensation for your damages that you are entitled to receive in case of an Uber accident.

Uber’s Insurance Policy – How it Works

People driving under the banner of Uber are not considered as its employees – instead they are independent contractors. These drivers are required to have third party liability insurance before they can use the ridesharing program and its app to earn money. Apart from this, Uber also has a contingent liability insurance coverage that offers compensation to injured customers under specific circumstances, such as:

If a Driver is Waiting for a Passenger

If the Uber app is turned on but there is not a passenger assigned or riding with the driver, there is a chance that the contingent liability insurance coverage may come into effect and pay the damages to the customer. However, this policy will act as a secondary insurance coverage, and will only apply when the driver’s third party liability insurance has been expended. It may provide coverage of up to $100,000.

If a Driver is with a Passenger

When a driver is on its way to pick up a customer or the ride has already started, the Uber becomes a commercial vehicle. This means that if an accident occurs during the commute, the contingent policy will come into effect, and provide coverage of up to $1,000,000.

If a Driver is “Off the Clock”

When the app is turned off, this means that the driver is not taking any passengers or is off the clock, and is not working for Uber at that time. If an Uber is in accident in such a situation, only the driver’s third party insurance and other liability insurances will be applied to cover for the damages. This is because the car is not a commercial vehicle at the time of accident, and hence is not the responsibility of the company.

Personal Injury Attorney

People involved in an accident while riding an Uber are generally confused as to whom they should hold liable to obtain compensation for their injuries. It is best that you work with experienced auto accident attorney who will help you understand your situation and provide you effective solutions. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Long and Short-Term Tips for Handling an Auto Accident

Auto Accident AttorneyAuto accidents are one of the leading causes of death and fatal injuries in the US. The NHTSA Traffic Safety Facts show in the crash statistics that every year, about 11 million vehicles are reported to be involved in an accident. Fortunately, a majority of these accidents are minor and only result in property damage. However, it has been found that 1 in 3 car crashes result in injuries of varying degrees to the driver and passengers, while from that figure, 2 out of 10 accidents are reported to lead to life-threatening injuries.

Considering the high number of accidents on the roadways, there is a high probability of an American to be in accident once in their lifetime. In order to cope with the situation, here are some long and short-term tips that you can use to keep yourself safe, and know what you need to do in the following days of the accident.

What to Do Immediately after an Auto Accident

  • Analyze your Situation: You should take a few moments to read the situation before you take any action. First, see if you or the occupants of your car are injured. Then evaluate your surroundings for any imminent threat such as oncoming traffic, fires, and other hazards. Your topmost priority should be safety of everyone involved in the accident.
  • Call 911: Explain what happened to the operator so that a medical emergency team and law enforcement unit is sent to your location.
  • Gather Evidence: After the situation has settled down, use your phone to make a video or take a few pictures of the accident scene. Make sure to cover the scene from different angles so that all the damages you have sustained can be easily seen. This can later be used a piece of evidence to prove your entitlement to compensation if you file a personal injury claim against the at-fault driver.

Make sure you don’t give any statement to the other driver or police that may appear like an admission of guilt.

What to Do in the Following Days of the Auto Accident

  • Medical Checkup: In some cases, injuries do not manifest right away and take a few days or even weeks after the accident to become apparent. It is important that you seek medical attention regularly and do not miss any doctor’s appointments to ensure that you are not exhibiting any symptoms of delayed injuries.
  • Do not Give a Recorded Statement to the Claim’s Adjuster: It is essential to inform your insurance provider about the accident so that the claim process can be put in motion. However, do not give a recorded statement to the claim’s adjuster who is likely to contact you within a day or two of the claim request, without consulting an attorney.
  • Hire an Attorney: Whether you are pursuing a personal injury claim against the driver who is at fault or making a claim on your own insurance policy, it is recommended to have a reliable attorney overlook your case.

Personal Injury Attorney

An experienced auto accident attorney can provide you with skilled legal counsel and make sure you do not make any potential mistakes that can affect your claim. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Mistakes That Can Affect Your Auto Accident Claim

Auto Accident AttorneyThere have been many instances where a client’s careless actions have led attorneys to lose a potential case. Sometimes, people unintentionally make certain mistakes that hurt their case and affect the amount of compensation they could recover otherwise. Often, people avoid hiring an attorney and rely on their insurance companies to get the best possible settlement for their injuries from an auto accident, thinking that the insurer is working for their best interests. In reality, however, they try to minimize the value of your auto accident claim as much as possible in order to avoid paying large sums of money to you.

To make sure your actions do not lower the value of your auto accident claim, here we have shared a few common mistakes that most people make during their case.

Signing Documents without Consulting Your Attorney

Never sign any document without first getting it checked by your auto accident attorney. Sometimes, simple mini-tort releases have fine print that enables defendant’s insurance company to violate your privacy rights and access your medical records or waives future injury claims. It is best that you show every piece of paper that comes your way to the attorney before signing it.

Being Active on Social Media during the Case Proceedings

Facebook, Instagram, Twitter, and other social media networks are public-facing websites where anyone can easily see your activity. Because they have become an integral part of our everyday life, they are thoroughly investigated by defense attorneys and insurance adjusters to gather evidence to minimize your claim. Even if you have set strict privacy settings, there are ways to access your pictures, videos, and other things shared you have shared on your account. This digital information can be used as evidence to prove that the personal injury from the accident has not affected you as you claim it to be, which can potentially affect your case.

Not Taking your Doctor’s Advice Seriously

One of the most important pieces of evidence in a personal injury case is the medical records and doctor’s opinion about your condition. Some people think they do not need to keep a commitment to their doctor’s appointments or avoid getting any therapy for recovery. However, in order to make your case stronger, you need to show that you are trying your best to get better. And for that, you should keep all prescriptions, braces, casts, medication bottles, and other items pertaining to your injury, so that they can be used to show the authenticity of your personal injuries.

Personal Injury Attorney

Auto accident cases are complex and involve a lot of intricacies that can lead a person to make potential mistakes, hurting their ability to recover adequate compensation for their injuries. It is recommended to work with an experienced auto accident attorney to make sure you do not end up making the above mistakes and affecting your claim. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Aggressive Driving – What Is It And How To Cope With It?

Auto Accident AttorneyAggressive driving has become a serious issue, in which drivers willingly put their own safety and of others sharing the road in jeopardy. There have been repeated incidents of aggressive driving leading to traffic accidents, resulting in fatal injuries and even death. Over 11,000 people die every year from auto accidents caused by aggressive driving in the United States, according to a report by the National Highway Traffic Safety Administration. Moreover, the injuries and deaths from these crashes are costly as well, costing nearly $40 billion to the nation annually.

It is important to understand what is aggressive driving and what you can do to avoid it to ensure the safety of everyone on the road.

What is Aggressive Driving?

Aggressive driving can be described as a combination of traffic offenses that an individual commits resulting in a threat to another person’s life or property. Generally, it is caused by traffic congestions, irritation from extreme weather conditions, long commutes to work, and behaviors to other drivers. Moreover, an individual’s reactions, moods, and ability to manage stress while driving and off road can contribute to aggressive driving.

This type of dangerous driving involves actions or behaviors, such as:

  • Speeding: Exceeding the posted speed limit for a particular area, or going over a safe speed in difficult road conditions, such as inclement weather, construction sites, and others. It also includes racing.
  • Tailgating: Getting too close to the vehicle in front and making signals, like flashing or honking, to make them go faster or pressurize them to switch lanes to get out of the way.
  • Road hogging: This practice refers to abruptly and frequently changing lanes by making close cuts in order to get ahead.
  • Expressions exhibiting anger: This includes screaming, abusive hand gestures, and yelling at drivers and others sharing the road.
  • Failure to obey traffic rules: This includes running red lights, speeding on the yellow light, not giving the right of way, and others.

Most people use the terms aggressive driving and road rage interchangeably. However, both are quite different. Acts and behaviors, such as flashing lights or honking in the middle of traffic or expressing anger using abusive language, come under aggressive driving, which only increase the chances of an accident and are not illegal to do. On the other hand, road rage refers to a criminal act where a driver makes an attempt to intentionally kill or injure another driver or passenger.

Ways to Handle Aggressive Drivers

  • Avoid Getting Involved: If an aggressive driver is making rude gestures and abusive remarks, you need to ignore them, refrain from making an eye contact, and let them pass to avoid confrontation.
  • Give way: If an aggressive driver is speeding up or tailgating or exhibiting signs to race, you need to put the temptation and your pride aside and let them pass to avoid increasing the chances of an accident.
  • Call the Police: If the aggressive driver is being too rash, it is better to call the police and report them. By doing so, you may be able to save several lives.

Personal Injury Attorney

Have you been injured by an aggressive driver in a car accident? You should make a personal injury claim and get the compensation you deserve for your damages. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation with our auto accident attorney.

Why It Is Important to Report Minor Damage After an Auto Accident

Auto Accident LawyerEvery day, hundreds of vehicle accidents occur in the United States where the damage to either the vehicle or the driver is insignificant. To avoid the lengthy process of making a claim to the insurance policy, both drivers tend to settle matters between them and decide not to report the accident.

For example, you got involved in a fender bender where the other driver was at fault, which caused little damage to both of your cars, but no one was injured. The at-fault driver makes you a deal that they will pay you for the damages if you do not report the incident to the local law enforcement department and not make a claim. You think it is a good way to avoid hassle and exchange contact information to provide the other driver an estimate of the repair costs.

But is it the right thing to do? If you see the situation from a contractual viewpoint, the answer is no. Almost all car insurance policies have a clause that makes it mandatory for you to report all types of accidents to the insurance company regardless of the extent of damage and injury.

Minor Damage can Take Form of Serious Injuries

Whether you have been involved in a fender bender or your car sustained a cosmetic damage, it is highly likely that you had to spot your vehicle abruptly to avoid more damage. In such a situation, your body may have suffered a jerking effect, either backward and forward or side to side. This can result in back injuries, neck injuries, head trauma, lacerations, cuts, whiplash, and other injuries, no matter whether the vehicle sustained any major damage.

Some injuries do not manifest right away, and may take some hours, days or may be weeks to surface. So, if you did not suffer from any injury and your vehicle was just scratched, there is a chance that you start experiencing symptoms of serious injuries. It is essential to report every incident and see a doctor right away to get full assessment of your health. This will allow you to know whether you sustained any internal injuries, like a head trauma or concussion.

If you do not get medical treatment immediately and report the incident, you will not be able to make a claim on the insurance policy of the at-fault driver to get compensation for your injuries. This is because you will have no evidence to support your claim that your injuries were related to the accident.

When Reporting Damage is required by Law

There are times when you are legally responsible to report a crash no matter the degree of property damage and injuries. You must report the incident, if it involves:

  • Death or injury
  • A government vehicle
  • A criminal act
  • Unlicensed or uninsured drivers
  • Bicyclists or pedestrians
  • A vehicle transporting illegal or dangerous goods
  • Damage to highway, municipal, or private property

Personal Injury Attorney

If you have been involved in an accident regardless of the degree of damage, you should report it to the authorities. Talk to an experienced and reliable auto accident attorney to discuss your case. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

What Happens When Your Car Is Declared a Total Loss?

Car Accident AttorneyIf you have been in an auto accident and your car suffered extensive damage, there is a chance that your insurance company may say that it is a “total loss”. Consider you are driving in a 60 speed limit street when suddenly a dog runs past your car, followed by a kid chasing it. Your topmost priority would naturally be to save the kid. However, you may end up crashing your car in a tree or a utility pole. While you may be happy that the dog and kid is safe, your car is completely totaled. What would you do in such a situation?

What is meant by a Total Loss?

After the accident, you have to call your insurance company. The insurance provider will assess whether the damages sustained are repairable or your car is a total loss. A vehicle is declared a total loss when the cost of repairs exceeds the car’s value, or when the car cannot be restored to a condition where driving it can be considered safe.

If your car is a total loss, your insurer will evaluate its market value, i.e. the worth of your car before the accident took place. On the other hand, if the damages are less than the car’s values, the insurance provider will pay for the repairs up to your policy limit.

In case you have been in an accident with another driver where the other party was at-fault, you can make a claim on their insurance company to get compensation for the damages. You may also make a claim for the diminished value after your car has been repaired.

What if the Total Loss Payment is not enough to cover your Car Loan?

Since the insurer will only pay the market value of your destroyed property, you may end up with less money to cover your outstanding car loan. Consider you owe $12,000 on your car loan, but at the time of the accident, the market value of your car was $9,000. After declaring your car is a total loss, the insurance company will only pay you $9,000, leaving you with $3,000 in excess on your loan, even though you do not have a car anymore.

Moreover, your insurer has the right to sell the remains of your car on the secondary market after it has been proclaimed to be a total loss. This is done so that it can recover some of its losses. You may try and convince the insurance company to allow you to keep the car, but that is highly unlikely to happen.

There are many complications and intricacies involved in total loss and diminished value claims. If you have been involved in an accident where the at-fault driver totaled your car, you should talk to an experienced and reliable auto accident attorney before making a claim. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Auto Accident on IL Rte. 120 and IL Rte. 60 in Volo, IL

There was an auto accident in Volo, IL, on Thursday, March 30, 2017. The accident occurred on IL Rte. 120 at IL Rte. 60.
Auto Accident Attorney

The Law Offices of Robert T. Edens is a Lake County personal injury law firm with offices located in Antioch.  Contact us today for a free consultation.

The Law Offices of Robert T. Edens, P.C.

Auto Accident on 9th St. and Kenosha Rd. in Zion, IL

There was an auto accident in Zion, IL, on Thursday, March 30th, 2017. The accident occurred on 9th St., west of Kenosha Rd.
Auto Accident Attorney

The Law Offices of Robert T. Edens is a Lake County personal injury law firm with offices located in Antioch.  Contact us today for a free consultation.

The Law Offices of Robert T. Edens, P.C.

3 Psychological Aspects that Influence the Successful Claim of Auto Accidents

Auto Accident AttorneyThe claims for auto accidents are carefully interrogated and assessed. The police and jury will not only keep a check on the reports but they will also compare your statements with your actions. Your negligent behavior or constantly changing statements may put you in serious trouble. Here are the three most important psychological aspects that can strongly influence the success of your claim.

Consistency of the Incident Explanation

During interrogations, your opponent would have given statements that are somewhat or entirely different from your statements. Sometimes, more than one or two vehicles and persons are present on the spot. The interrogators will repeatedly ask you about a vehicle coming from the left side or the vehicle following you. You may need to describe the incident from different angles. The interrogators mostly ask about the following elements present on the incident site.

  • First responders – these may include police, medical service, Mayday, or someone else
  • Other drivers or passengers present in your vehicle
  • Other drivers or passengers present in the vehicle of the other person
  • Other vehicles or passerby on the incident site

The interrogators will collect your statements given to other relevant institutions. These include:

  • The insurer’s adjuster of the defender
  • Nurses and doctors, who attended you right after the auto accident
  • Your insurance company
  • The jury
  • Your physician

The interrogations will continue if the statements, given to similar or different institutions, conflict. Otherwise, the interrogators will submit the statement to the jury.

Doctor’s Opinion in Respect to Your Medical Conditions

Medical claim is the easiest to submit and settle for. However, it is also the most carefully observed unit in a claim. The defense attorneys will carefully compare your medical bills with the doctor’s opinion. The attorneys will inquire the doctors about your pain, suffering, and damage. Sometimes, the attorneys inquire about the medical history of the victim, especially if the victim files claim after many days or months past the incident.

Comparison of Complains and Actions/Lifestyle

The defense attorney will compare your medical conditions and complaints with your lifestyle. Your actions would be carefully watched, even when you are unaware of it. For example, if the doctor says that the victim should not lift more than 20 pounds of weight, but the victim conveniently lifts 20+ pounds, then the action will surely be caught by the defense attorney. Defense attorney may also submit a video of that person lifting heavy weights. Sometimes, the defense attorney compares the actions and statements in the court also. Similarly, if the person claims fracture in an arm but easily lifts an object, the claimer may lose thousands of dollars in settlement.

It is important to be honest and fair with your attorney. Inconsistency in statements and actions occurs when the victim is unfair.

Personal Injury Attorney

Contact Robert T. Edens, P.C. at 847-395-2200 or online today for scheduling a free consultation or discussing your auto accident settlement needs.