After a car accident, it’s upsetting and stressful if the other driver’s insurance company claims you caused the crash. Even if you know the other driver was at fault, insurers often try to shift blame to pay less or deny your claim. This happens a lot in Antioch, especially when there aren’t clear witnesses, the police report is missing details, or both drivers tell different stories. Disputes over blame can affect your medical bills, lost wages, car repairs, pain and suffering, and the value of your settlement. We help injured people in Antioch and across Illinois fight these tactics with strong evidence, legal strategies, and a clear understanding of Illinois car accident law.
Insurance companies are focused on protecting their own interests. When the other driver’s insurer blames you, they may be trying to protect their customer and pay out less. Adjusters might claim you were speeding, distracted, following too closely, didn’t yield, changed lanes unsafely, stopped too quickly, or could have avoided the crash. Sometimes, these accusations rely more on the other driver’s story than on solid evidence.
Illinois uses a modified comparative fault rule under 735 ILCS 5/2-1116. Under this law, an injured person is barred from recovering damages if that person is more than 50 percent at fault for the injury or damage. If the injured person is 50 percent or less at fault, the recovery may be reduced in proportion to that percentage of fault. That rule gives insurance companies a financial reason to argue fault percentages. Even if they cannot prove you caused most of the crash, they may still try to assign you 10, 20, or 40 percent of the blame to reduce the value of the claim.
That’s why you shouldn’t take the insurance company’s opinion as the final answer. An adjuster doesn’t have the last say on who is at fault. Fault is decided based on evidence. This can include crash reports, photos, vehicle damage, witness statements, medical records, traffic laws, surveillance video, dashcam footage, black box data, and accident reconstruction. The adjuster may sound polite and may say the statement is needed to “finish the claim.” You should be careful. The insurance company is not calling to protect you. It is gathering information that may be used to blame you, minimize your injuries, or create inconsistencies.
Giving a recorded statement can cause trouble if you guess, estimate, apologize, downplay your pain, or answer confusing questions. If you say “I’m not sure,” an adjuster might later use that to suggest you’re unsure about what happened. If you say “I didn’t see the other car until impact,” the insurer could argue you weren’t paying attention. Even saying “I’m okay” at the scene or soon after the crash can be used against you, even though some injuries get worse after the initial shock wears off.
Under Illinois law, drivers involved in crashes have duties after an accident. For example, 625 ILCS 5/11-403 requires drivers involved in a crash resulting in injury, death, or vehicle damage to provide identifying information and render reasonable assistance when needed. That does not mean you must give the other driver’s insurance company a recorded statement about liability or injuries. You should cooperate with law enforcement, seek medical treatment, report the crash to your own insurer as required by your policy, and speak with an attorney before making statements that may affect your claim.
When an insurance company blames you, the strongest response is evidence. Start with the police report, but do not assume it tells the whole story. Police reports may contain useful information, including driver statements, witness names, citations, crash diagrams, road conditions, and insurance details. However, officers often arrive after the crash. They may not witness the collision, and reports can contain mistakes.
Illinois crash reporting rules also matter. Under 625 ILCS 5/11-406, certain crashes must be reported, including crashes involving injury, death, or property damage above the statutory threshold. Under 625 ILCS 5/11-408, law enforcement crash reports must be submitted after investigation of reportable crashes. These reports can help document the event, but they are only one piece of the case.
Other evidence may be more persuasive. Photos of the vehicles can show points of impact. Skid marks, debris fields, broken glass, and final resting positions can help explain how the collision happened. Nearby businesses, homes, traffic cameras, doorbell cameras, and dashcams may have video. Cell phone records may show distraction. Vehicle event data may help show speed, braking, steering, and impact forces in serious crashes.
Medical evidence also matters. Insurance companies sometimes argue that a low-speed crash could not have caused a serious injury or that the pain came from a preexisting condition. Prompt medical treatment helps connect the injury to the crash. Follow-up care, imaging, therapy records, specialist opinions, and work restrictions can help show the full effect of the collision.
Fault often turns on the rules of the road. Illinois traffic laws may help show that the other driver violated a duty of care. For example, 625 ILCS 5/11-601 requires drivers to operate at a speed that is reasonable and proper considering traffic, road use, and conditions. A driver can be negligent even when driving at or below the posted speed limit if conditions require greater caution.
Rear-end crashes often involve issues such as following too closely, sudden stops, distraction, or traffic conditions. Lane-change crashes may involve failure to keep a proper lookout, unsafe movement, or failure to signal. Intersection crashes may involve failure to yield, red-light violations, stop sign disputes, or left-turn errors. Pedestrian, bicycle, motorcycle, truck, and rideshare crashes may raise additional safety issues.
A citation can help, but it is not always required to prove negligence. The other driver may not receive a ticket, yet still be legally responsible. On the other hand, if you received a citation, that does not automatically mean you have no claim. We look at the full picture, including whether the citation was correct, whether it was related to the crash, whether the other driver also violated traffic laws, and whether the claimed violation actually caused the injuries.
When fault is disputed, the value of the case is often disputed too. The insurance company may argue that your medical treatment was unnecessary, your injuries were preexisting, you waited too long to see a doctor, you returned to work too soon, or your pain is not supported by objective evidence. These arguments are designed to reduce payment.
Illinois personal injury claims are also subject to deadlines. Under 735 ILCS 5/13-202, actions for damages for personal injuries generally must be filed within two years after the cause of action accrued. Some claims may have shorter notice requirements or different rules, especially if a government vehicle, public entity, minor, or other special circumstance is involved. Waiting too long can weaken evidence and place the claim at risk.
You can protect your claim by getting medical care, following treatment recommendations, saving records, avoiding social media posts about the crash, keeping a pain and recovery journal, documenting missed work, and refusing to argue with the other insurance company. Let the evidence speak. Let the legal process place the burden where it belongs.
Even if liability is clear, insurance limits may affect recovery. Illinois law requires minimum liability coverage, including at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one crash, and $20,000 for property damage. Serious injuries can exceed those limits quickly.
If the other driver has too little insurance or no insurance, your own uninsured or underinsured motorist coverage may become important. These claims are made through your own insurer, but they are still often adversarial. Your insurance company may dispute fault, damages, medical treatment, or the value of the claim. We review available insurance coverage early so that no source of recovery is missed.
If the other driver’s insurance company is blaming you for a crash, do not accept that blame without a careful review of the evidence. The Law Offices of Robert T. Edens, P.C. represents injured people in Antioch and throughout Illinois in car accident cases involving disputed liability, serious injuries, medical bills, lost wages, and insurance company delays or denials. We understand how insurers use comparative fault arguments, and we work to build claims with evidence rather than assumptions.
The Law Offices of Robert T. Edens, P.C. represents clients in Antioch and throughout Illinois from our offices in Antioch, Waukegan, and Woodstock. Contact our Antioch auto accident attorney at The Law Offices of Robert T. Edens, P.C. today at 847-395-2200 to schedule your free consultation.
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.
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