When you are involved in a car accident in Illinois, one of the first phone calls you may receive is from an insurance adjuster. Insurance companies assign adjusters to investigate accidents, evaluate claims, and negotiate settlements. While they may sound helpful, their primary goal is to protect the company’s financial interests. As attorneys representing injured clients across Illinois, we know how challenging these conversations can be for people who are trying to recover physically and emotionally after a crash. Many accident victims are not familiar with Illinois injury laws, the time limits on filing claims, or the tactics insurers use to minimize payouts. This is why understanding your rights and obligations is critical before speaking with an adjuster.
Insurance adjusters are trained professionals employed by insurance companies to handle claims. After a crash, they may request a recorded statement, ask for access to your medical records, or try to settle quickly. Under Illinois law, insurance companies are not required to act in your best interest; they are motivated to limit what they pay. That is why you must be careful when interacting with adjusters.
Illinois follows a modified comparative negligence system under 735 ILCS 5/2-1116, which means your compensation can be reduced if you are found partially at fault. If you are more than 50 percent responsible, you may recover nothing at all. Adjusters often focus on this rule to shift blame and reduce settlement amounts. Statements you make to them, even casual remarks, can be used to argue that you bear more fault than you truly do.
Illinois law requires all drivers to carry minimum liability insurance under 625 ILCS 5/7-601, including $25,000 for injury or death to one person and $50,000 for injury or death to two or more people. These limits are often insufficient in serious accidents, which is why injured victims may need to pursue additional compensation through their own uninsured/underinsured motorist coverage. Insurance adjusters will not explain these rights to you. Instead, they may encourage you to accept a quick payout that covers only a fraction of your losses.
Another important statute is the general two-year statute of limitations for personal injury claims under 735 ILCS 5/13-202. Insurance adjusters are aware of this deadline, but they may delay or prolong negotiations in hopes that you will run out of time to file suit. If that happens, your right to pursue damages in court could be permanently lost.
In our years of representing clients throughout Illinois, we have seen adjusters use similar tactics repeatedly. Some of the most common include:
Being aware of these tactics can help you avoid costly mistakes when speaking with an insurance adjuster.
Illinois injury law allows accident victims to pursue compensation for medical expenses, lost income, pain and suffering, and future care needs. However, these claims must be properly documented and pursued in compliance with state law. Without an attorney, many injured people accept settlements that are far below the true value of their case.
As attorneys, we can ensure that all communications with insurance adjusters are handled properly, evidence is preserved, and negotiations reflect the full scope of your damages. We also hold insurers accountable when they engage in unfair claim practices. Illinois courts recognize bad faith insurance conduct, and claimants may have additional legal remedies if insurers act dishonestly or unreasonably.
Before you speak with an insurance adjuster, there are several steps you should take to protect your rights under Illinois law:
Taking these precautions can help prevent mistakes that insurance companies may exploit.
It is best to keep conversations brief and factual. You may confirm basic details like your name, the date of the accident, and where it occurred. Do not provide a recorded statement or discuss fault, injuries, or settlement amounts without consulting an attorney. Insurance adjusters are trained to use your words against you, and Illinois’ comparative negligence law under 735 ILCS 5/2-1116 makes every statement about fault especially important.
No. Adjusters may pressure you into settling quickly, but Illinois law gives you the right to reject any offer that does not fairly compensate you. Once you sign a release, however, your claim is closed permanently. That is why it is important to review settlement terms with an attorney before agreeing. Accepting too soon could leave you with uncovered medical bills and lost wages.
Under 735 ILCS 5/2-1116, your compensation is reduced by your percentage of fault. If you are 20 percent at fault, your damages are reduced by 20 percent. If you are more than 50 percent at fault, you cannot recover damages at all. Insurance adjusters often emphasize this rule to lower payouts, which is why you need strong evidence to establish liability.
You should be cautious. Adjusters may ask for broad medical authorizations that give them access to your entire medical history. They may then claim your injuries were preexisting or unrelated to the crash. Illinois law allows you to limit what medical information is disclosed, and your attorney can ensure only relevant records are shared.
Insurance companies sometimes delay processing claims to pressure injured parties into settling for less or missing the statute of limitations under 735 ILCS 5/13-202. If this happens, an attorney can take legal action to protect your rights. Courts in Illinois have recognized claims for bad faith when insurers act unreasonably or dishonestly.
Yes. Even when liability is accepted, insurers often undervalue damages. They may offer to pay for emergency room treatment but ignore long-term rehabilitation, wage loss, or pain and suffering. An attorney ensures that all categories of damages recognized under Illinois law are included in your claim.
Dealing with insurance adjusters after a car accident can be overwhelming, especially when you are focused on healing and getting your life back on track. At The Law Offices of Robert T. Edens, P.C., we represent car accident victims in Antioch and across Illinois, making sure their rights are protected and their voices are heard. We understand how Illinois accident laws work, and we know how to stand up to insurance companies that put profits before people.
Contact our Antioch car accident lawyer at The Law Offices of Robert T. Edens, P.C. today at 847-395-2200 to schedule your free consultation. We serve clients from our offices at 392 Lake St., Antioch, IL 60002, 325 Washington St., Waukegan, IL 60085, and 1212 North Seminary Unit 1, Woodstock, IL 60098. Let us help you secure the fair compensation you deserve under Illinois law.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
© 2025 The Law Offices of Robert T. Edens, LLC., All Rights Reserved, Reproduced with Permission Privacy Policy | Sitemap | Disclaimer
Powered By 
