Common Myths About Car Accident Claims

If you were injured in an Illinois car accident, it’s essential that you’re able to discern between fact and fiction when it comes to your rights. Believing the wrong information could result in you settling your case for less than it’s worth or even missing out entirely on the compensation you deserve.

Myth 1: You cannot recover compensation if you were partially at fault

While there are some cases in which you cannot recover compensation for injuries suffered in an accident you were partially at fault for, this usually isn’t the case. Illinois uses a modified comparative negligence rule that reduces the compensation you can receive by your degree of fault. This means if you were 20 percent at fault for the accident, you could recover damages for 80 percent of your losses.

You cannot recover compensation if you are more than 50 percent at fault for the accident that caused your injuries. This rule is likely where the myth comes from. However, as long as you were not primarily responsible for the accident, you can still seek compensation.

Myth 2: You cannot file an auto insurance claim for a hit-and-run accident

Since Illinois is an at-fault auto insurance state, injured parties file their auto insurance claims with the at-fault driver’s insurance company. However, if you were the victim of a hit-and-run accident, you won’t have the name, contact, or insurance information of the driver who struck you. This leads some drivers to assume they’re out of luck and cannot recover compensation for their losses.

Fortunately, that is not the case. In Illinois, all drivers must have uninsured motorist coverage as part of their auto insurance policy. This coverage can apply if someone without insurance strikes you or you are the victim of a hit-and-run. The minimum coverage requirements include:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury

Additionally, you can purchase optional uninsured motorist property damage insurance that covers property damage caused by uninsured or hit-and-run drivers. The maximum deductible for this coverage is $250.

Myth 3: Rear-end accidents are always the trailing driver’s fault

There is a general assumption that the trailing driver is at fault in rear-end accidents. However, this is not always the case, and that misunderstanding could harm your claim for compensation.

If you were the leading driver and were struck from behind, you should not assume that the driver who struck you will automatically be liable for your injuries. You still need to gather evidence, such as eyewitness statements, traffic camera footage, and accident scene photographs. If you don’t collect and submit evidence, the insurance companies will make their fault determinations based on whatever the other driver provided.

If you are the trailing driver, and the vehicle ahead of you caused the rear-end accident by suddenly slamming on the brakes or reversing into you, it’s vital that you collect evidence to prove their liability. Just because there may be an assumption that you were at fault for the collision doesn’t mean you should give up on defending your right to seek compensation.

Myth 4: It is okay to skip medical treatment if you feel fine

After a car accident, you may feel fine at first and opt to decline medical treatment from first responders. This choice can harm your insurance claim if you develop injury symptoms later on.

If you decline medical treatment, the insurance company handling your case may use that as evidence that your injuries aren’t as severe as you claim. And if you seek treatment later on after initially declining it, the insurance company may claim that the injury you sought treatment for is unrelated to the accident.

The best way to preserve your right to seek compensation for your injuries is to seek immediate treatment and follow up with your treatment until your doctor discharges you. This will create a paper trail of your injuries and the treatment you received, which you can use as evidence when seeking compensation for your medical expenses.

Myth 5: You have plenty of time to begin working on your claim

Under Illinois law, injury victims, including those injured in car accidents, have two years to file their lawsuits or insurance claims. Failure to file your lawsuit or insurance claim within this period will result in you being barred from seeking compensation for your injuries.

However, even though you have two years to file your claim, that doesn’t mean you have plenty of time to begin working on it. It’s essential that you start gathering evidence to support your claim as soon as possible, as much of the evidence won’t last for long.

For example, photos taken at the accident scene shortly after the crash will provide a better indication of how the crash occurred than photos taken in the same spot weeks or months later. Over time, valuable evidence can be lost, such as missing traffic signs being replaced or skid marks on the road fading. Traffic camera footage may also be overwritten if a copy isn’t requested in time.

Myth 6: You do not need a lawyer’s help with your car accident case

The best way to protect your rights and maximize the compensation you receive from your car accident claim is to work with an experienced lawyer. Not only can a lawyer help you gather supporting evidence for your claim, but they can also negotiate with the insurance company on your behalf and prevent you from accepting a lowball settlement.

Insurance companies always want to pay out as little as possible, and if you don’t know the value of your case, it’s easy to think you’re getting a fair offer. When you work with a lawyer, you can rely on their experience with handling insurance companies and their ability to safeguard your rights.

Contact our Illinois car accident lawyers

Were you the victim of a car accident in Illinois? Contact Gainsberg Law to speak with an experienced car accident injury lawyer about your case. During your initial consultation, we can review the circumstances surrounding the crash, explain your options for seeking compensation, and answer any questions you have.