Being hit by a driver who is insured with the same company as you does not change who pays. Fault decides that, not the logo on the policy. Your claim goes forward the same way it would against any other insurer, with a few practical differences worth knowing about.
If you were hurt in a crash in Chicago or anywhere in Illinois, our car accident attorneys at Phillips Law Offices can handle the insurer for you.
What happens when both drivers have the same insurance company?
Illinois is an at-fault state, so the driver who caused the crash is responsible for the damage, and that driver’s liability insurance is the first place to look for payment. When both drivers are insured by the same company, the insurer will typically assign a separate adjuster to each driver and investigate who was at fault, just as it would with two different insurers.
There are really two different claims in play:
- A claim against the at-fault driver’s liability coverage. You are a claimant against that driver. The insurer is handling the claim for its own policyholder, so treat its adjuster as the other side.
- Claims under your own policy, such as collision, medical payments, or uninsured and underinsured motorist coverage. Here the insurer owes the duties a company owes its own customer.
If the at-fault driver’s limits are too low for your injuries, your own underinsured coverage may help. See how much an underinsured motorist claim can pay in Illinois.
Complications that can come up with the same insurer
Different coverage limits
Even with the same insurer, the two policies can have different limits, deductibles and endorsements. Illinois’ minimum liability limits are $25,000 per person, $50,000 per accident and $20,000 for property damage (625 ILCS 5/7-203). If your damages exceed the at-fault driver’s limits, that gap is the reason underinsured motorist coverage exists.
Subrogation
If your own insurer pays you first, for example under your collision coverage, it will usually try to recover that money from the at-fault driver. When both drivers have the same insurer, that recovery can slow things down, because the company is effectively on both sides of the reimbursement. Keep records of what each part of the claim paid.
Fault disputes
Because the insurer is talking to both drivers, you may hear two versions of the crash from the same company. The police report, photos, witness statements and any video are what protect your account. Illinois follows modified comparative negligence (735 ILCS 5/2-1116): if you are found more than 50% at fault you cannot recover, and if you are 50% or less your recovery is reduced by your share.
Claim handling
Expect separate adjusters, separate claim numbers and separate timelines. Keep all communication in writing where you can, and note the date, time and person for every call.
- Both drivers have the same insurance company
What to do after the crash
- Report the crash to your insurer promptly, and tell them the other driver is insured with the same company.
- Get medical care and keep the records. Treatment records tie your injuries to the crash.
- Document everything: photos, the police report, witness contact details, and repair estimates.
- Be careful with the other driver’s adjuster. You do not have to give a recorded statement, and it is usually wise to speak to a lawyer before you do.
- Read your own policy for collision, medical payments and uninsured and underinsured motorist coverage, and the limits on each.
- Watch your deadlines. In Illinois you generally have two years from the crash to file an injury lawsuit (735 ILCS 5/13-202) and five years for property damage (735 ILCS 5/13-205).
How an attorney helps when the insurer is the same
You are entitled to the same coverage and the same fair treatment as you would be from any other insurer, and having the same company on both sides does not reduce what you can recover. A lawyer is most useful when the company is slow, disputes fault, or offers less than your injuries are worth. At Phillips Law Offices, we investigate the crash, gather evidence, work out the full value of your damages, and negotiate with the insurer. If it will not pay a fair amount, we can file suit.
Our lawyers can also help by:
- Reviewing your medical records and bills
- Determining who was at fault and preserving evidence
- Identifying every policy that may apply, including your own
- Dealing with the adjusters so you do not have to
- Filing a lawsuit if negotiation fails
Free consultation with a Chicago car accident lawyer
Insurance policies include specific terms that can affect your claim, and it is easy to say the wrong thing to an adjuster. For a free case evaluation, call (312) 346-4262. We will review your case and explain your options.
Also Read:
What to Do If the At-Fault Driver Has No Insurance in Illinois
