When you have been injured in a car accident, every decision you make afterward can impact your ability to recover compensation. We have seen many clients unintentionally harm their cases by making mistakes that could have been avoided with the right guidance. Illinois law offers strong protections for accident victims, but it also sets clear legal requirements that must be followed to secure a successful claim. Knowing what to avoid can be just as important as knowing what to do.
At The Law Offices of Robert T. Edens, P.C., we represent car accident victims across Antioch, Waukegan, Woodstock, and throughout Illinois. Over the years, we have learned that even small missteps can be exploited by insurance companies or opposing attorneys. In this discussion, we will explain the most common mistakes people make after an accident, how they affect your case, and the Illinois laws that govern your rights.
One of the most damaging mistakes is delaying medical treatment. Under Illinois law, you must prove that your injuries were caused by the accident. If you wait days or weeks to see a doctor, the insurance company may argue your injuries were unrelated or less severe than you claim.
Illinois follows the comparative negligence rule under 735 ILCS 5/2-1116, which states:
“The plaintiff shall be barred from recovering damages if the plaintiff’s contributory fault is more than 50% of the proximate cause of the injury or damage for which recovery is sought.”
If you delay treatment, the defense may claim your failure to get prompt care contributed to your injuries, potentially reducing or eliminating your recovery.
Insurance adjusters often request recorded statements shortly after an accident. While this may seem harmless, these statements can be used against you later. You are not legally required to provide a recorded statement to the other driver’s insurance company in Illinois.
We advise our clients to let us handle all communications with insurers. The wrong word choice or an incomplete answer can be twisted to suggest you were at fault or that your injuries are minor. Once recorded, these statements become part of the permanent claim record and can be very difficult to overcome.
Many people instinctively say “I’m sorry” after an accident, even when they are not responsible. In Illinois, any admission made at the scene can be introduced as evidence. This can create unnecessary challenges, especially in cases where liability is disputed.
Fault in Illinois is determined by the principles of negligence, and if you are found more than 50% at fault under 735 ILCS 5/2-1116, you cannot recover damages. Even a casual apology can be misinterpreted as an admission of fault and used to push your percentage of liability higher.
Posting photos, comments, or updates about your accident or injuries on social media is a mistake that can destroy your case. Insurance companies and defense attorneys monitor claimants’ online presence for anything they can use to argue that you are less injured than claimed.
For example, a photo of you attending a family event — even if you were in pain — can be presented as evidence that your injuries are not limiting your daily activities. We strongly advise our clients to avoid discussing their case or their health on social media until the claim is resolved.
Illinois has strict deadlines for filing a car accident lawsuit. Under 735 ILCS 5/13-202,
“Actions for damages for an injury to the person… shall be commenced within 2 years next after the cause of action accrued.”
Failing to file within the statute of limitations will result in your case being dismissed, no matter how strong your evidence is. We make sure all claims are filed promptly to protect your right to recovery.
Insurance companies look for any reason to argue your injuries are not as serious as claimed. Missing doctor’s appointments, failing to follow prescribed treatments, or ignoring medical restrictions can be used as evidence that you are not committed to your recovery.
Following your doctor’s instructions is not only important for your health, it also builds a consistent medical record that supports your case.
After ensuring everyone’s safety and calling 911, exchange information with the other driver, take photos of the scene, and seek medical care. Under Illinois law, you must also file a crash report if there was injury, death, or property damage over $1,500. Prompt documentation protects your rights.
Illinois follows a modified comparative negligence system under 735 ILCS 5/2-1116. If you are more than 50% at fault for the accident, you cannot recover damages. If you are 50% or less at fault, your compensation is reduced by your percentage of fault.
Yes, if you have uninsured motorist coverage, your own policy can compensate you for damages. Illinois law requires insurers to offer this coverage, and many policies include it automatically.
It is common for certain injuries, such as whiplash or concussions, to appear hours or days later. You should seek medical attention immediately upon noticing symptoms. Delayed reporting can make it harder to connect the injury to the accident in the eyes of insurers.
Under 735 ILCS 5/13-202, you have two years from the date of the accident to file a personal injury lawsuit. For property damage claims, the deadline is five years.
Even minor accidents can result in hidden injuries and significant expenses. Insurance companies often push for quick settlements that are far below what you may need. An attorney ensures you understand the full value of your claim.
You can still recover damages as long as you are not more than 50% responsible. However, your recovery will be reduced in proportion to your share of fault.
If you have been involved in a car accident in Illinois, avoiding these common mistakes can make the difference between winning and losing your case. At The Law Offices of Robert T. Edens, P.C., we are committed to protecting your rights and maximizing your recovery. We have decades of experience standing up to insurance companies and fighting for accident victims in Antioch, Waukegan, Woodstock, and throughout Illinois.
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. You can visit us at our Antioch Office at 392 Lake St., Antioch, IL 60002, our Waukegan Office at 325 Washington St., Waukegan, IL 60085, or our Woodstock Office at 1212 North Seminary Unit 1, Woodstock, IL 60098.
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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