It is one of the most confusing and stressful situations drivers face. You were in a car accident, you know the other person caused it, and yet somehow you are the one being sued. I have seen this happen more often than people realize, and it always catches them off guard.
After decades of representing clients across Chicago and Illinois, I can tell you that being sued does not always mean you did something wrong. It means someone filed a claim, and now the legal system has to sort it out. What matters most is how you respond and protect your rights from the start.
Why You Might Be Sued Even When You Weren’t at Fault
People often assume only the guilty party gets sued after an accident. That is not true. Anyone involved in a crash can technically be named in a lawsuit, even if there is little or no evidence against them. Here are a few reasons why that can happen:
- Confusion or incomplete information at the scene. Police reports are not always perfect. If the details are unclear or witnesses disagree, the other driver’s lawyer might sue everyone involved until they can sort out liability.
- The other driver’s insurance company is trying to shift blame. This is a common tactic when their insured is clearly at fault but they want to reduce how much they have to pay.
- Comparative fault rules in Illinois. Even if you were mostly innocent, Illinois law allows partial fault to be assigned to more than one driver. Someone might sue hoping to prove you share a percentage of the blame.
- Legal deadlines and insurance strategies. Sometimes attorneys file a lawsuit just to meet the statute of limitations deadline, even before they have full evidence.
Being sued does not mean the case is valid. It just means you must respond properly to protect yourself.
How Illinois Comparative Fault Works
Illinois follows what is called a modified comparative negligence rule. That means the court looks at all parties and assigns each a percentage of fault.
If you are found more than 50 percent responsible, you cannot recover compensation. If you are less than 50 percent at fault, your recovery is reduced by your share of responsibility.
For example, if you were 20 percent at fault and the damages were $100,000, you could still recover $80,000. But if the other side can convince a jury you were 51 percent responsible, you get nothing.
This rule is why insurance companies sometimes push lawsuits against people who were not truly at fault. They are hoping to shift just enough blame to reduce their own payout.
What to Do Right Away if You Get Sued
If you receive legal papers or a summons after an accident, do not ignore them. Failing to respond can lead to a default judgment, which means the court could automatically rule against you.
Here is what you should do instead:
- Contact your insurance company immediately. Every auto policy includes a duty to defend you in lawsuits related to covered accidents. Your insurer will assign an attorney to represent you at no cost.
- Do not contact the other driver or their attorney. Anything you say could be used against you. Let your insurance and your attorney handle all communication.
- Gather your documents. Save copies of the police report, photos, witness information, and any communication from insurance adjusters.
- Consult a personal injury lawyer. Even though your insurance company will provide a defense attorney, it is wise to speak with your own lawyer too, especially if you were injured or suspect the insurer might settle too quickly.
At Phillips Law Offices, we regularly advise clients in this situation. Sometimes we discover that the lawsuit is completely baseless, and we can have it dismissed quickly. Other times, we step in to counterclaim or protect your interests if the other driver was actually the one at fault.
What Happens During the Lawsuit Process
Once a lawsuit is filed, your attorney will respond with a legal document called an answer. This formally denies or clarifies the claims made against you.
After that, both sides enter a period called discovery. This is where lawyers exchange evidence, take depositions, and review police reports, photos, and medical records. Most cases never make it to trial because the evidence eventually shows what really happened.
If it becomes clear that you were not at fault, the case can be dismissed or settled before court. But if the case does go to trial, your lawyer will present the facts and evidence proving the other driver’s negligence.
Can You Countersue the Other Driver?
Yes, if the lawsuit is unfair or the other driver caused the accident, you can file a counterclaim. This turns the tables and allows you to pursue compensation for your damages. Your lawyer will determine if this makes sense based on the facts and available evidence.
For instance, if your car was totaled, you missed work, or you were injured, you have the right to seek compensation even while defending against their false claim.
What Happens If You Ignore the Lawsuit
Ignoring a lawsuit is one of the costliest mistakes you can make. If you fail to respond by the deadline, the court can issue a default judgment against you. That means you automatically lose, even if you were not at fault. The other side could then try to collect money from your insurance or personal assets.
This is why prompt action is essential. Even if the case is weak, it still requires a legal response.
How to Protect Yourself in the Future
While you cannot prevent every lawsuit, there are ways to protect yourself in case you ever face one again:
- Make sure you have strong auto insurance, including uninsured and underinsured motorist coverage. This protects you when the other driver lacks adequate insurance. Learn more about that coverage here.
- Keep copies of your accident documentation for at least two years.
- Avoid discussing accidents on social media. Opposing lawyers often use online posts to twist facts.
A quick call to an experienced car accident attorney can make all the difference between a quick resolution and a long, stressful process.
Getting the Right Legal Help in Illinois
Being sued after a car accident that was not your fault is frustrating, but it is not the end of the story. With the right legal help, you can protect yourself, prove the truth, and even recover damages from the real at-fault party.
At Phillips Law Offices, we have represented thousands of people across Illinois who faced unfair or complicated accident claims. We know how to untangle these cases and make sure our clients come out on the right side.
Call (312) 346-4262
161 N Clark St, Suite 4925, Chicago, IL
Free Consultation | No Fee Unless You Win
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