What should one do if insurance is trying to settle for half the cost of vehicle and you are now needing physical therapy?
Asked in Cahokia, IL on April 14, 2026 Last answered on May 1, 2026My brother was driving when a person pulled out in front of him, causing a collision. He was driving a 2007 GMC truck. This was on video, and the person said they were at fault. Police reported the same in their report. Insurance states they will only pay $4200 for a 2007 GMC Truck, which just paid off. Less than half of the original purchase. He is now claiming he has chest pains from air bag, and elbow injury.
During the accident, he traveled one block to his house, as it is still drivable, went inside, and was extremely emotional/broke down crying. Police came to his house, said it was on video and other person was at fault, he was not thinking and really disturbed, police officer gave him a ticket for leaving the scene. Again, this is very emotional for him as he has had a bit of bad luck to say the least. From losing his truck driving job from an earlier settlement from insurance at no fault of his own.
1 answer
If your brother was injured in the accident, he should advise his insurer and the insurer of the adverse driver in writing of these circumstances. He should also complete an accident report and file it with the Illinois Secretary of State to confirm his version of the facts and his injuries. In most instances, a driver's own insurance coverage provides "no fault" medical insurance, for a limited amount (i.e., $5.0K), for anyone injured in an accident, including the insured. This coverage is available for physical therapy, hospital charges, etc. It is not uncommon for persons in an accident who are in an emotional state and experiencing a great deal of adrenaline to not realize they have been injured. It is also common to experience a variety of pain the day or two after the accident, especially due to back and neck pain from the accident. The vehicle damage and reimbursement: a used vehicle, a 2007 GMC Truck, has a "blue book" value in the marketplace. This is easy to look up and sets a benchmark for reimbursement. The adverse driver and his insurance company must pay the lesser of the vehicle's repair cost or its market value immediately before the crash. For an older vehicle, it is not uncommon for the market value to exceed the cost of repair. It is important to note that in Illinois, the statute of limitations for personal injury claims is 2 years from the date of the accident, but 5 years for property damage. Failure to pursue your claim within these time limits will bar recovery. If you only have property damage, you can choose to collect from your own insurer, and they will be subrogated and make the claim against the other driver and his insurer. If you want to pursue a claim for personal bodily injuries in the crash, you should contact a lawyer specializing in personal injury litigation to handle your claim.
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