When I make an auto insurance claim in Chicago, then who gets the money, me or the repair shop or the other driver?

Greg

Thanks for asking, Greg.

Well, that depends on a few things. Was the accident your fault or the other driver’s fault? Because those are the two defining issues. If a car accident is your fault, then the title put on the IL auto insurance claim is first party claim. On the other hand, if the car accident is not your fault, then the IL auto insurance claim is instead called third party claim. Here is a break down of the two.

• First party claim.

You file a first party claim on your IL auto insurance policy if you are found at fault for an accident and yet you have collision coverage to take care of damage to your own property. You will first pay the deductible that you have signed up for, and when the claim is approved, your IL auto insurance company will issue a check. Whose name is on the check depends on what terms you signed off on in your contract. So long as you agreed to it in your contract, you have no right to complain.

In most cases, the check for a first party claim will have both your name and the name of the mechanic who is repairing your car. The reason for this is that lots of fraud goes on and this insures that the check cannot be used for fraudulent purposes and that you end up repairing your car as desired. In some cases, though, your IL auto insurance company might make the check out to you. You will then be allowed to find a repair shop that you like and have your vehicle repaired there. It all depends on the company and, most of all, the contract.

• Third party claim.

Third party claims are a lot easier, because you are working with the other driver’s car insurance company. Since you have no obligations to them, not having signed their contract, they have to treat you better than they would their own IL auto insurance policy holder. This usually goes more quickly, and the claims check is made out to you.

Cheers,

Fashun Guadarrama.