After a car accident in Illinois, most people focus on recovering from their injuries and trying to get back to normal (or, at least, as normal as possible) as quickly as they can. And rightly so. However, what most people don’t realize is that the decisions they make during this time can significantly impact their ability to obtain fair compensation when their accident wasn’t their fault.
As the law firm for Illinois drivers, we’ve helped many individuals get the compensation they’re entitled to after being injured in auto accidents caused by someone else’s negligent behavior (from speeding to drunk driving). We’ve seen the life-changing impact a payout can have on families who know their long-term medical needs are financially taken care of, or who don’t have to worry about making ends meet because their injuries stop them from doing the job they’ve worked hard at for many years.
We’ve also seen a pattern of situations that can arise during the process, and, unfortunately, insurance companies are aware of these tactics and will exploit them to get away with paying injury victims less than their claim is worth. Sometimes, it might even be enough for them to escape fault entirely.
Fortunately, these common mistakes are much easier to avoid when you know what they are.
Delaying Medical Treatment After Your Accident
Adrenaline is a powerful thing. It kicks in as part of the body’s fight-or-flight response, flooding the body with natural chemicals that dull pain. But this survival mechanism can actually mean you feel better than you actually are, and you might not realize just how hurt you are until you’re back at home and the adrenaline has started to wear off.
Unless you have clearly visible injuries, like a cut or other wound, or broken bones, you might generally feel fine. You tell the responding officer you’re okay, and all you want to do is go home and rest up.
However, a few days later, you might have a chronic headache or severe neck pain, and it’s not until this point that you connect your injuries to your accident.
It should be no big deal, right? You sustained those injuries in the crash, and the crash was caused by another driver, so you should be well within your rights to recover compensation from the at-fault driver’s insurer.
Why It Matters
Unfortunately, that gap in seeking treatment can be exactly what the driver’s insurance company fixates on to justify denying your claim.
To recover compensation after a car accident in Illinois, you must prove that the accident directly caused your injuries. While adrenaline may be the logical (and entirely reasonable) explanation for you delaying seeking treatment, the insurance company will likely argue that there’s no evidence that your neck or head injury occurred during the crash. They might claim that your injuries occurred later in an unrelated event.
And, because you told law enforcement that you had no injuries, and there’s no medical documentation proving otherwise, the insurer will double down on the crash report filed by the attending officer, claiming that you were fine immediately afterward.
What to Do Instead
You can probably guess what we’re going to recommend, but it’s always worth saying: Get checked out, if nothing else, for your own peace of mind. If you don’t seek medical treatment at the emergency room immediately after your crash, see a doctor within 24 hours, whether through urgent care or at an appointment with your primary care doctor, even if you feel fine.
We know adrenaline can mask the pain of injuries, but many more are invisible to the eye and might not show physical symptoms right away. That doesn’t make them any less serious, and it doesn’t make them any less valid when you’re pursuing compensation, either. Seeing a doctor allows you to begin treatment, and your health should always be the priority.
The benefit of doing this is that it also creates a record. In other words, it’s evidence you can use to link your injuries directly to the crash. If you’re worried about the cost, speak to an Illinois car accident lawyer. They may be able to draft a Letter of Protection (LOP), a legally binding agreement that guarantees your medical bills will be paid from a future personal injury settlement or judgment. An LOP allows you to get the medical treatment you need now without worrying about upfront costs.
Talking to the Other Driver’s Insurance Company
After an accident, each driver will (or should) report the crash to their insurer. This initiates a process of investigating what happened and determining who is at fault. If it’s the other driver, their insurer may be liable for covering your damages (or losses). Each case will be assigned an insurance adjuster, whose job is to determine if they are liable and, if so, work to reduce their liability as much as possible. The less they can pay out on claims, the bigger their bottom line. Because of this, you can expect to get a call from the driver’s insurance company shortly after your accident. The adjuster will be friendly and sympathetic, and they may even be genuinely sorry you’ve been hurt, but they have a job to do.
They’ll ask for a recorded statement about what happened and enquire about your injuries and how your treatment is going. They might even mention a quick settlement to avoid the hassle and stress of going through a lawyer. This way, you can cover your immediate bills and put your accident behind you… Or so they’d have you think.
However, adjusters are intentional about the questions they ask, the way they ask them, and the information they’re after. If you say you’re “okay” or “fine”, they might take that to mean you’re not in any pain, even if you’re putting on a brave face or simply being polite.
You might mention a specific injury but forget to mention others, or you might even have injuries from the accident you’re not even aware of right now, as it’s too soon after the crash. All of this information can be used against you. If you later claim you have a related injury, or you need additional treatment, the insurance company will point to your recorded statement, saying that you were “okay” then. They’ll use this as grounds to deny you fair compensation.
What to Do Instead
The key thing to remember is that you are not legally required to talk to the other driver’s insurance company. A Chicago car accident attorney can handle all communications on your behalf, and they’re wise to the tricks and tactics insurers will use to trip people up into making statements that can be used against them. If you must talk to an adjuster, be polite but firm, and decline to comment on your injuries.
Admitting Fault or Apologizing
Most people instinctively say “I’m sorry” after an accident, even when they didn’t cause it. It’s a natural reaction when you’re checking on everyone’s safety. But statements you make can be used as evidence against you later.
Insurers will often interpret comments like these out of context. An apology can be an admission of guilt, but it can also be an expression of sympathy or sadness — “I’m sorry the accident happened,” or “I’m sorry we were injured.”
Even phrases like “I should have been paying more attention,” “I didn’t see you coming,” or “If only I’d have done this instead of that” can be interpreted as an admission of negligence. Insurance companies and defense attorneys will use these casual comments to argue you’re responsible for the crash.
What to Do Instead
The best way to avoid making this mistake is to limit what you say as much as possible. At the scene, focus on ensuring everyone is safe and exchanging information, but avoid making conversation and speculating on what happened. Stick to basic facts about what you observed, and don’t accept blame.
Posting About Your Accident on Social Media
Most of us use social media in one way or another, and this mistake can be one of the easiest to make. Insurance adjusters and defense attorneys use social media, too, but when they’re investigating a claim, they’re not necessarily using it to catch up with their old school friends or distant relatives. Instead, they’re scouring for information that could dispute your claims and the seriousness of your injuries.
Take this example: You’re in an accident, and your first instinct is to post about it online to let your friends and loved ones know you’re okay. You’re in pain and your injuries are serious, but you don’t want to worry anyone or be seen as looking for attention or sympathy, so you downplay the situation. A couple of months down the line, you go to your nephew’s birthday party, and your sister takes a photo of you sitting on the lawn, smiling. She decides to upload it to Facebook and tags you.
Now, when the insurance company’s lawyer comes across your profile, they’re going to see two things:
- A statement made after the accident where you admit you’re okay
- A photograph taken months after the crash, where you don’t seem to be in too much pain at all.
Now, it’s not like you’re going to scowl in a photograph or put a downer on your nephew’s day. You might have only stayed an hour and put on a smile for your family’s sake, but insurance companies won’t care about the context. Photographs, updates, and comments that show you traveling, exercising, doing activities, or going to events, or that otherwise paint a picture that your injuries aren’t limiting your life, will be used against you.
What to Do Instead
Our best advice is to stay off social media during your claim, but if that’s not possible, you can take steps to protect yourself.
First, adjust your privacy settings so that only your current friends can see your updates. If you must post, avoid anything related to your accident, injuries, or activities that could be misinterpreted. If possible, communicate via direct message rather than in comments or posts.
It’s also a good idea to speak to the people close to you and ask them not to post any photographs of you or tag you in updates. Remember, your privacy settings may be locked down, but others might not. Be wary of any friend requests from people you don’t know or newly created profiles whose names you recognize. A friend may have been hacked or forgotten their password and created a new profile, but verify this with them via phone or another trusted friend if you can. Don’t feel silly or over-cautious for being vigilant, as insurance companies can go to great lengths to find information that could allow them to shave thousands of dollars off your compensation.
Accepting the First Settlement Offer
By this point, you know that insurance companies don’t necessarily have your best interests in mind. At some point, they’re likely going to make you an offer to settle your case, either early on during settlement negotiations or before you’ve even had the chance to speak to a personal injury attorney.
This initial offer might seem reasonable on the surface. It might cover your immediate medical bills and a bit of lost income, and the adjuster will frame it as a way to avoid the hassle of a lengthy claims process and get the money you need right now. Unfortunately, this offer will almost always be a fraction of what your claim is actually worth.
And, once you sign that release, you’re done. You can’t file a lawsuit later on or go back and renegotiate a better settlement, no matter what happens.
Why It Matters
The problem with accepting an early settlement is that it’s often too early to understand the full scope of your injuries and your long-term prognosis. Many injuries don’t reveal their true severity for weeks or even months after an accident. You may be in the middle of treatment and waiting to see how things progress before your doctor can determine if you need any additional treatment.
For example, the neck pain you experience after a whiplash injury might seem manageable, so you accept a settlement that covers a few doctor’s visits and physical therapy sessions. Three months later, you’re dealing with chronic pain and headaches. Your doctor recommends an MRI, which reveals herniated discs that require ongoing treatment, maybe even surgery. But by now, you’ve already settled your claim, and you’re left paying for all of this additional medical care out of pocket.
Traumatic brain injuries are another example where the full extent of the damage isn’t immediately apparent. You might experience some confusion or headaches after the accident, but long-term cognitive issues, memory problems, and other symptoms may not become clear until later, when your friends comment on your mood swings and outbursts, or when you notice you’re struggling with tasks that used to be easy.
What to Do Instead
Don’t accept any settlement offer without talking to an experienced personal injury attorney first. A lawyer will assess your claim and determine how much you could be owed, based on not just your current situation but also the future medical care you may need, lost earning capacity if your injuries affect your ability to work long-term, and how much compensation you could be entitled to for pain and suffering.
An attorney can also ensure you’ve reached what’s called “maximum medical improvement” (MMI). This is a term used in workers’ compensation claims, but it’s a useful concept to consider, whatever the cause of your injury. MMI is the point at which your condition has stabilized and your doctors have a clear understanding of your prognosis and any ongoing treatment you’ll need. Settling before reaching MMI is essentially guessing at what your injuries will cost you in the long run, and that’s a gamble that almost always benefits the insurance company, not you.
Missing Critical Deadlines
Illinois has strict deadlines that can significantly impact your ability to recover compensation. The statute of limitations is the amount of time you have to file a personal injury lawsuit. In Illinois, the statute of limitations for personal injury (including auto accident claims) is two years. There are exceptions to this time limit, but they rarely apply, so you should never count on an extension.
In most cases, this clock starts running from the date of your accident. If you miss this deadline, you lose your right to file a lawsuit, regardless of how strong your case might be.
Why It Matters
Two years might sound like plenty of time, but it can pass much faster than you realize. There’s a process to follow, which starts with negotiating a settlement with the at-fault party’s insurer. A settlement can be in the best interests of everyone: you get the compensation you deserve. You can move forward knowing your losses are covered, while avoiding the stress and uncertainty of a lawsuit, which can result in a trial.
At the same time, the other party can resolve your claim quietly and remove the risk of a potentially even heftier payout. For this reason alone, you might be tempted to go to trial, but the pendulum swings both ways. A jury might award a massive judgment that you’d have never been offered during negotiations, but they can also decide the defendant isn’t liable, leaving you with nothing.
A lawsuit is often the last resort if an insurer refuses to budge and make a fair offer, but it’s still an option you want in your back pocket. Negotiations can take time, and insurers may even drag out the process to push you closer to the deadline and weaken your position.
What to Do Instead
To avoid this mistake, begin the process as soon as possible after an accident. Hiring a car accident attorney — or any attorney for any legal matter — is not a decision you should rush, but the sooner you can begin the process, the more time you have to build your case. Your lawyer will need time to properly investigate your case and support you, from helping you arrange the best medical care to consulting with expert witnesses, tracking down and interviewing witnesses, and documenting the full scope of your damages.
Waiting until the last minute can create serious problems for your case, and more broadly, too. Evidence can disappear or deteriorate over time. Witnesses may move or pass away, and if they’re still in the state, they may have forgotten what happened. Surveillance footage might get deleted or overwritten. And, there’s also the risk that you didn’t take the right steps immediately after your accident (like getting medical treatment) because you didn’t know how important it was.
Trying to Handle Your Claim Alone
This might be the biggest mistake of all. After an accident, some people decide to handle their insurance claim on their own, thinking they’ll save money by not paying attorney fees or that their case is straightforward enough to not warrant legal help. However, insurance companies have teams of lawyers and adjusters who have been doing their jobs for years, which can be intimidating.
Even if you understand the law and have gathered enough evidence to be taken seriously at the negotiation table, going through the process alone can be exhausting. Your focus should be on recovering from your injuries, not chasing evidence and dealing with insurers.
What to Do Instead
Avoid this common car accident claim mistake by hiring an experienced Illinois car accident attorney as soon as possible after your crash. A good attorney will handle every aspect of your claim so you can focus on getting the treatment you need, including:
- Investigating your accident and gathering evidence to prove your case
- Communicating with insurance companies
- Tapping into their network of medical professionals, accident reconstructionists, economic experts, and other expert witnesses
- Calculating your damages
- Arranging medical care
- Postponing payment of your medical bills until your claim is resolved
- Advising on the fairness of offers so you can make the right decision for you
- Explaining the pros and cons of filing a lawsuit
- Exploring other avenues for getting you the compensation you’re entitled to
- Representing you in court, if you decide to file a lawsuit.
Our auto accident attorneys in Chicagoland work on a contingency fee basis, which means you don’t pay anything up front, and you’ll only pay legal fees if we win your case. This gives you access to the best attorneys and alleviates some of the financial pressure when you might not be able to work.
You could be entitled to significant compensation after an auto accident in Illinois, but the way you approach your accident can either help or hinder your chances. These common personal injury claim mistakes are easy to make, but they are avoidable when you know how.
If you’ve been injured in a car accident anywhere in Chicagoland, contact Driver Defense Team today for a free consultation. We’ll evaluate your case, explain your options, and help you avoid the costly mistakes that could jeopardize your claim. As Illinois’ law firm for drivers, we’ll do everything we can to get you the best possible outcome in your case. Call or text (312) 500-2222 to get started.
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