Our office lies close to DuPage County and we’ve been there many times in the past 10 years to meet with clients. When an accident occurs, you’re not necessarily looking for a lawyer 5 minutes away from you but rather one that is responsive, explains what’s happening, stays in touch with you and understands motorcycle cases. Contact our office for a Naperville motorcycle accident lawyer at 1-847-305-4105.
Can I Recover if I’m Partially at Fault for a Motorcycle Accident?
Did you know that a biker can recover for injuries in Illinois even if the accident is partially your fault? We’ve received countless calls from bikers who were speeding when they got in an accident or were engaging in other potentially dangerous activity. Still, your Naperville motorcycle accident lawyer was able to help them recover because of a theory called “comparative negligence.”
In Illinois, if you are 50% or less at fault for an accident, you can still recover for your damages. How does this work? Let’s take a hypothetical situation. You are driving up Gartner Road and take a left on Washington on your way to the hospital. The speed limit is 35 but you’re driving 50. Suddenly and without notice, the guy next to you merges into your lane while you’re passing him. Who is at fault?We would argue that the guy merging is at fault for not seeing you. However, you were cited for speeding and an expert witness gives a deposition where he says the physical evidence proves you were going too fast for that road. As a result, the insurance for the guy who hits you puts 40% responsibility for the accident on you.
If you were to find out hypothetically that the defendant had a $100,000 insurance policy and your injuries were worthy of the whole $100,000, then you would actually recover only $60,000 (the other $40,000 is the equivalent of 40% or your portion of fault).
Your Naperville motorcycle accident lawyer will travel to meet with you wherever you are located in DuPage County including:
- Glen Ellyn
- Carol Stream
- West Chicago
Will My Insurance Go Up If I’m Not at Fault for an Accident?
We always recommend that accident victims report the accident to their own insurance company. There are many good reasons for this that we have explained in other places on this site. The main objection to this is that riders are concerned that their motorcycle insurance rates will go up – and for good reason.
However, in most cases, we have not seen insurance companies raise rates of accident victims who were not at fault for the accident. That is not a guarantee though. We often see lawyers guarantee that rates won’t go up. We are not insurance brokers and as such, we can’t guarantee anything.
Also, if you are partially at fault for the accident as described above, you may see an increase in your rates as well.
How Much Does Motorcycle Insurance Go Up After an Accident and How Does it Work?
As we just mentioned, we are not insurance brokers and we hold no influence over companies like Allstate or State Farm regarding how much to increase rates if you’re in an accident.
One solution your attorney can help you with is fighting any responsibility for the accident at all. If you are ruled not responsible at all for an accident, you would have a fairly good argument to avoid an increase.
However, is it worth fighting accepting some responsibility for an accident to save a few dollars? There may be times when it’s worth taking some responsibility just to get the case moving forward.
For example, after you just get hit, the insurance company is going to do an inspection and appraisal of your vehicle. They are also going to come to a decision about fault for the accident. If they put 10% on you for the accident, is it worth holding up getting your bike fixed over that amount? It may be – it just depends.
By the way, if you accept 10% fault up front, they’re going to try and use that against you later when you settle the personal injury portion (think pain and suffering) of your claim. You are not bound by that 10% then nor are you held to that if the case should go to trial.
The Naper Settlement and Naperville Are Icons in Chicago
Anyone who has been to downtown Naperville knows how cool that area is. And the Naper Settlement is a favorite stop for people visiting the city. The city even has its own Riverwalk area. As a result, a lot of people have moved to Naperville including some folks related to the firm. If you are in search of a Naperville motorcycle accident attorney, call today at 1-847-305-4105.