Call For A Free Consultation - (312) 586-2820
Call For A Free Consultation - (312) 586-2820
  • By: Sharks At Law
Image shows Car accident victims in Chicago discussing vehicle damage

There are many misconceptions about filing car accident claims in Chicago, Illinois, that can prevent people from seeking the compensation they deserve. From concerns about fault to myths about insurance rates and trial outcomes, it’s important to separate fact from fiction. This guide debunks the top six myths surrounding car accident claims, helping you understand your rights and the realities of the claims process in Illinois.

In this article, you can discover…

  • What your options are if you’re partially at fault for an Illinois accident.
  • If filing a claim will raise your insurance rates.
  • How many cases, on average, go to trial in Illinois.

1. You Can’t File A Claim If The Accident Was Partially Your Fault

Not at all. Even if you are partially at fault for the accident, you can still file a claim. Illinois has a modified contributory negligence system, meaning that so long as the other driver was 51% or more at fault for the accident, you can receive an award or settlement for your injuries.

2. Hiring An Attorney Is Only Necessary For Serious Accidents

It’s important to hire an attorney for accidents of all kinds, whether the damage to your body or vehicle was extensive or minor. A personal injury lawyer understands the law, can fight deftly on your behalf, and get you the results you really need and deserve.

3. Insurance Companies Will Always Offer A Fair Settlement

This is almost never true. The primary goal of any insurance company is to save themselves money, not pay out what is fair, reasonable, or adequate to compensate you. Typically, insurance companies will make you a low-ball offer that might seem significant but is likely a fraction of what a seasoned attorney could help you get.

The goal is to get you to settle for a very small amount before you contact an attorney. Never agree to an insurance company’s initial offers. Instead, reach out to a personal injury lawyer for the guidance and representation insurance adjusters will respond to.

4. Filing A Car Accident Claim Raises Your Insurance Rates

Many drivers assume that filing a personal injury claim can raise your insurance rates, but this is not typically true. If the accident was not your fault and you are seeking damages from an at-fault party, this action should not raise your insurance rates.

5. You Can Rely Solely On The Police Report To Determine Fault In An Accident

Unfortunately, no. Police reports are not admissible as evidence in Illinois and in many other states. I’ve seen cases where the police report listed my client as being at fault when further investigation revealed the opposite.

It’s best to get other kinds of evidence, such as the testimony of an accident reconstructionist, nearby security camera footage, or witness testimony, to determine fault or liability.

6. All Car Accident Cases In Illinois Go To Trial The vast majority of car accident cases in Illinois are settled before they go to trial. In my personal experience as an attorney, I’ve seen 1 in 20 or only 5% of cases go to trial. The rest settle out of court for meaningful amounts that my client and I are happy with and accept as adequate compensation for damages.

Still Have Questions? Ready To Get Started?

For more information on Car Accident Claim In Chicago, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (312) 586-2820 today.

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