Will a Car Accident Lawyer Deal With Insurance Companies for You?

Yes. One of the primary responsibilities of a car accident lawyer is to handle communications and negotiations with insurance companies on your behalf. After you hire an attorney, the lawyer can generally manage the injury claim, submit supporting documentation, respond to adjusters, negotiate settlement offers, and advise you about whether an offer fairly accounts for your losses. This can be especially valuable when you are recovering from injuries, attending medical appointments, missing work, or dealing with uncertainty about your financial future.

Insurance claims are not always straightforward. In Illinois, an attorney’s role may include:

• Notifying the appropriate insurance companies of the claim.
• Communicating with insurance adjusters and responding to requests for information.
• Gathering police reports, medical records, bills, wage information, and other evidence.
• Investigating fault and addressing allegations of comparative negligence.
• Calculating current and future damages.
• Negotiating a settlement and explaining the consequences of accepting an offer.
• Filing a lawsuit when necessary and representing the client in litigation.

Hiring a lawyer does not mean you will never need to provide information or participate in the claims process. You may still need to attend medical examinations, provide records, answer factual questions, or assist with a lawsuit. Your attorney can explain which requests are appropriate and help you prepare.

As John J. Malm explains: “After a car accident, injured people should not have to navigate a complicated insurance process alone. Our job is to investigate the facts, protect our clients’ interests, and pursue the compensation the evidence supports.”

What Does a Car Accident Lawyer Do When Dealing With Insurance Adjusters?

Insurance adjusters investigate claims, evaluate liability, review damages, and negotiate potential settlements. Their responsibilities depend on which insurance company they represent and the type of claim being made. A personal injury lawyer can serve as the primary point of contact for the injury claim, helping ensure that communications are handled carefully and that the evidence supporting your case is presented effectively.

1. Communicating With the Insurance Company

Once you retain a lawyer, the attorney can notify the relevant insurance companies that you are represented and direct communications about the claim through the law firm. This can reduce the burden of repeated calls and requests while you focus on recovering.

Your lawyer can also help you respond to requests for information, identify unnecessary or overly broad requests, and explain when a response may affect your legal rights. You should still report the accident to your own insurer as required by your policy and cooperate with legitimate policy obligations. Hiring an attorney does not eliminate those responsibilities.

2. Investigating Liability and Gathering Evidence

An insurance company may dispute who caused the crash or argue that you contributed to it. Your attorney can investigate the collision and assemble evidence to support your account. That investigation may include:

• Reviewing the police crash report and witness statements.
• Obtaining photographs, surveillance footage, or dashcam recordings.
• Examining vehicle damage and available electronic data.
• Reviewing medical records and documentation of injuries.
• Consulting accident reconstruction specialists when appropriate.

The goal is to establish how the collision occurred, identify potentially responsible parties, and demonstrate the connection between the accident and your injuries.

3. Documenting Medical Expenses and Other Damages

Insurance companies need evidence to evaluate the financial impact of an injury claim. Your attorney can collect medical bills, treatment records, wage-loss information, and other documentation.

A complete evaluation should consider more than the initial emergency room bill. Depending on the injuries, damages may include future treatment, rehabilitation, lost earning capacity, pain and suffering, disability, and loss of normal life. Your lawyer can help assess whether the available evidence is sufficient to evaluate these losses before recommending that you settle.

4. Negotiating a Settlement

Once liability and damages have been investigated, your attorney can present a settlement demand and negotiate with the insurer. The lawyer may challenge an offer that undervalues medical expenses, ignores future treatment needs, disputes well-supported injuries, or assigns an unreasonable share of fault to you.

Negotiations may involve several rounds of offers and counteroffers. Your attorney should explain the strengths and weaknesses of your claim, the risks of litigation, and the potential consequences of accepting or rejecting an offer. You retain the decision-making authority over whether to accept a settlement. Your lawyer can recommend a course of action, but should explain the options rather than pressure you into accepting a particular amount.

Do You Have to Talk to the Other Driver’s Insurance Company?

If you were injured by another driver’s negligence, you generally do not have to handle settlement negotiations personally when you have retained a lawyer to represent your injury claim. Your attorney can ordinarily communicate with the other driver’s insurer on your behalf. There is an important distinction between the other driver’s insurer and your own insurer.

The Illinois Department of Insurance explains that a claim against another driver’s insurer is a third-party claim. In that situation, the insurer’s primary contractual obligation is to its own policyholder, not to you. A claim under your own policy is a first-party claim, governed by your insurance contract and its applicable conditions.  If the other driver’s adjuster contacts you after you have hired a lawyer, you can provide the attorney’s contact information and refer substantive claim questions to the law firm.

Be particularly cautious about giving a recorded statement, speculating about your injuries, or signing a broad medical authorization without understanding the implications. You should not lie, conceal relevant facts, or disregard legitimate legal or contractual obligations. Your lawyer can help determine what information must be provided and how to provide it appropriately.

What If the Insurance Company Offers a Settlement Before You Hire a Lawyer?

An early settlement offer may seem attractive, especially when medical bills are accumulating and you have missed work. However, the initial offer may not reflect the full value of a claim, particularly when the extent of your injuries is still uncertain. Before accepting an offer, consider whether it accounts for:

• Medical treatment already received and reasonably anticipated future care.
• Lost wages and possible future loss of earning capacity.
• The severity and expected duration of your symptoms.
• Pain, disability, disfigurement, and limitations on daily activities.
• Your share of fault, if liability is disputed.
• Insurance policy limits and other potential sources of recovery.

The Illinois Department of Insurance warns that a bodily injury settlement release generally ends the ability to obtain additional compensation from the released parties for the claims covered by that agreement. That is why it is important to understand what you are signing. Once a final release is executed, you generally cannot reopen the same claim simply because your injuries later prove more serious than expected.

What Happens if the Insurance Company Refuses to Pay?

Hiring a lawyer does not guarantee that an insurer will agree with your claim. The company may dispute liability, question whether the accident caused your injuries, challenge the amount of damages, or deny coverage. If negotiations fail, your attorney can evaluate the available options, which may include:

• Providing additional evidence to address the insurer’s objections.
• Negotiating further or presenting a revised settlement demand.
• Investigating other potentially liable parties or applicable insurance coverage.
• Filing a lawsuit against the appropriate defendant when justified.
• Preparing for discovery, depositions, expert testimony, and trial.

Filing a lawsuit does not automatically mean the case will go to trial. Many cases settle during litigation, but a settlement is not guaranteed. In Illinois, most personal injury claims arising from car accidents are subject to a two-year statute of limitations, although exceptions may apply. Claims involving governmental entities or other special circumstances can have different requirements. An attorney should evaluate the applicable deadline promptly.

How Much Does It Cost to Hire a Car Accident Lawyer?

Many Illinois personal injury firms, including John J. Malm & Associates, offer free initial consultations and handle qualifying injury cases on a contingency-fee basis. Under a contingency-fee arrangement, the attorney’s fee is generally calculated as an agreed percentage of the recovery rather than billed hourly. The specific percentage, responsibility for case expenses, and terms governing expenses if there is no recovery should be explained in the written fee agreement.

Before hiring an attorney, ask:

• What percentage of the recovery will the firm charge?
• Are litigation expenses separate from the attorney’s fee?
• How are expenses handled if the case does not result in a recovery?
• Who will be my primary contact at the firm?
• Will the firm handle negotiations and any necessary litigation?

Understanding these terms helps you make an informed decision about representation.

Frequently Asked Questions

Will my car accident lawyer handle all communication with the insurance company?

Your lawyer can generally manage communications and negotiations related to your injury claim. You may still need to provide information, attend appointments, or fulfill obligations under your own insurance policy. Your attorney can explain what is required.

Should I notify my own insurance company if the other driver caused the accident?

Generally, yes. Review your policy and report the collision as required, even if you intend to pursue a claim against the other driver’s insurer. Your own policy may provide coverage for certain losses, depending on its terms.

Can a lawyer negotiate with the insurance company before I finish medical treatment?

Yes. Your lawyer can communicate with the insurer and investigate the claim while treatment continues. However, settling too early may be risky if the full extent of your injuries and future medical needs is not yet understood.

Can my attorney force the insurance company to settle?

No. An attorney can present evidence, negotiate, and pursue litigation when appropriate, but cannot force an insurer to accept a particular settlement demand. A judge or jury may ultimately decide disputed issues in a lawsuit.

What if the insurance company blames me for the accident?

Your lawyer can investigate the evidence and challenge unsupported allegations. Illinois follows a modified comparative negligence rule under which your recovery may be reduced by your percentage of fault, and recovery is generally barred if your fault is greater than 50%. The rule’s application depends on the facts and applicable law.

Do I need a lawyer for a minor car accident?

Not every collision requires an attorney. However, legal guidance may be valuable if you have persistent symptoms, disputed liability, significant medical expenses, lost income, or an insurer offering a settlement before your injuries are fully understood.

How long does it take a car accident lawyer to settle an insurance claim?

There is no universal timeline. Straightforward claims may resolve relatively quickly, while cases involving serious injuries, disputed fault, multiple parties, or extensive future treatment can take considerably longer. Your lawyer can provide a more informed estimate as the evidence develops.

Let the 5-Star Rated Chicago Car Accident Attorneys at John J. Malm & Associates Handle the Insurance Company After Your Accident

After a car accident, you should be able to focus on your health and recovery rather than spending your time responding to adjusters, organizing paperwork, and arguing over the value of your injuries. An experienced car accident lawyer can take on much of that work, investigate the collision, document your losses, negotiate with the insurance company, and pursue litigation when necessary.

At John J. Malm & Associates, we represent people injured in car accidents throughout Chicago and the surrounding Illinois communities. Our firm brings more than 95 years of combined litigation experience to personal injury cases and works to hold negligent parties accountable.

If you have been injured in a car accident, contact John J. Malm & Associates for a free consultation. We can review the circumstances of your crash, explain how we can communicate and negotiate with the insurance companies on your behalf, and help you understand your options for pursuing compensation. You do not have to manage the insurance process alone.