Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?

Should I get a lawyer for a car accident that wasn’t my fault? It’s a common question—and the answer is usually yes. According to Chicago car accident statistics, the city has experienced a significant drop in traffic fatalities since 2023. That said, it’s still better to know your rights in advance regarding potential traffic injuries.

Even when liability seems clear, car accident cases can quickly become complicated once the insurance company for the other vehicle gets involved.

Many victims assume they’ll be treated fairly, but the reality is that insurance providers work hard to minimize financial settlements. Without experienced legal counsel, you could end up settling for far less than you’re entitled to.

From negotiating with insurance adjusters to gathering medical records and calculating damages, a qualified car accident lawyer in Chicago ensures you receive the fair compensation you deserve.

Why Even “Not-At-Fault” Car Accident Victims Need Protection

Being “not at fault” doesn’t guarantee a smooth claims process. In fact, victims are often surprised by how difficult it can be to recover damages. The insurance company representing the other driver isn’t working for you. On the contrary, they’re working to protect their bottom line.

Even in seemingly simple auto accident cases due to distracted driving, it’s common for the insurance company to delay responses, question the extent of your injuries, or make offers that don’t fully cover your medical expenses, vehicle damage, or emotional harm. This is especially concerning for those who suffer serious injuries and require long-term care.

The Insurance Company’s Goal vs. Your Needs After an Auto Accident

The at-fault insurance company may seem cooperative initially, but its adjusters are trained to protect their employer’s interests, not yours. Their objective is to close claims quickly and for as little money as possible. They are not legally obligated to ensure you receive what your case is truly worth.

Your needs, on the other hand, include recovering from your physical pain, accessing the care of medical professionals, repairing or replacing your vehicle, and getting help for any emotional distress caused by the crash. The initial offers provided by insurers rarely meet these needs.

Common Tactics Insurance Adjusters Use Against Accident Victims

Even if the accident occurred due to apparent fault by the other driver, insurers may use the following strategies:

• Offer a fast but low settlement in hopes you’ll take it before realizing the full extent of your medical bills and property damage.
• Request a recorded statement to try to twist your words or imply comparative fault.

They may also delay communication, dispute the necessity of specific treatments, or downplay minor injuries that later develop into chronic conditions.

Proving the Full Extent of Your Damages

To build a strong claim, you must prove the full scope of your losses. In addition to property damage, your claim should also include all economic and non-economic harm.

These damages include current and future medical expenses, lost wages, ongoing physical therapy, and compensation for emotional trauma or permanent limitations.

An experienced lawyer for a car crash will collect all supporting documentation to help you recover compensation that reflects the actual impact of the car accident. This includes your medical records, police report data, income verification, and accident-related costs..

Don’t Settle Too Soon: The Risk of Hidden Injuries

Many victims feel pressured to settle quickly. But doing so immediately after the accident occurred can be dangerous.

Some injuries, like concussions, internal trauma, or soft tissue damage, may not show symptoms right away. By settling early, you lose the ability to seek damages for injuries that become apparent weeks or months later.

Before accepting any offer, it’s critical to consult with a car accident attorney who understands how these injuries develop and how to calculate your long-term care needs.

When Hiring a Car Accident Attorney Is Highly Recommended

Even if you’re confident that the other driver was at fault, the following scenarios make hiring an experienced lawyer for a car crash essential:

• You suffered serious injuries or needed treatment in the emergency room.
• Your claim has been denied or undervalued.
• There’s disputed liability involving multiple other parties.
• The liable party or other driver was uninsured or underinsured.
• You received an out-of-court settlement offer that seems too low.

In these cases, handling the claim alone could lead to a poor outcome.

What Does a Chicago Car Accident Lawyer Do for Your Case?

A skilled car accident lawyer acts as your advocate from day one. They’ll take over communication with the insurance company, compile all necessary evidence, and ensure your rights are protected throughout the process. Most importantly, they’ll provide peace of mind, allowing you to focus on recovery.

Investigating the Accident and Gathering Evidence

Even when fault appears obvious, a lawyer will still work to collect evidence that supports the full value of your claim. This step includes collecting photos of the accident scene, obtaining the police report, interviewing witnesses, and working with experts to demonstrate the extent of your injuries and financial losses.

Handling All Communication With Insurance Companies

Allowing your lawyer to manage communication on your behalf protects you from saying anything that could harm your claim. Insurance adjusters often ask questions designed to elicit statements that weaken your position. Your attorney ensures every interaction is handled in your best interest.

Negotiating Your Car Accident Claim for Maximum Compensation

An experienced personal injury lawyer knows how to calculate the full value of a claim and push back against low offers. Through skillful negotiation, they aim to secure maximum compensation for your car accident claims, often far exceeding what individuals can achieve on their own.

Filing a Lawsuit When Necessary

If a fair settlement can’t be reached, your attorney will initiate legal action and file a formal claim in court. This step is necessary in many car accident cases where the insurance company refuses to cooperate or continues to offer inadequate settlements.

While many cases resolve before trial, preparing for litigation increases your chances of being fairly compensated.

The Benefits of Experienced Legal Representation

There are clear advantages to having professional legal assistance after a car accident, especially when you weren’t at fault. The proper representation makes you more likely to receive a higher settlement while avoiding stress and confusion during the legal process.

You also protect yourself from aggressive tactics used by insurance providers while gaining access to a team that understands the law inside and out.

Understanding Contingency Fees: No Upfront Cost for Car Accident Cases

One of the biggest myths about hiring a lawyer for a car accident is that the legal options are too expensive. In reality, most attorneys work on a contingency fee basis. This means you pay nothing upfront. The lawyer is only paid a percentage if they recover funds on your behalf.

This structure ensures that anyone, regardless of financial situation, can get access to high-quality legal representation.

What to Do Immediately After Any Car Accident

Even if you believe the other driver is clearly at fault, take the following steps right away:

1. Seek medical attention, even if you think you only have minor injuries.
2. Call the police to file a police report.
3. Take photos of the accident scene, vehicles, injuries, and road conditions.
4. Exchange information with all drivers and other parties involved.

Lastly, contact an injury attorney before speaking extensively to the insurance company.

Illinois Statute of Limitations for Filing Your Claim

In Illinois, you typically have two years from the date the accident occurred to file a personal injury lawsuit (735 ILCS 5/13-202). However, waiting too long can impact the availability of evidence and witnesses. It’s always best to speak with a Chicago car accident lawyer as soon as possible to preserve your rights and keep all legal options open.

Frequently Asked Questions for Chicago Car Accident Patients

Can I handle the insurance claim myself if I wasn’t at fault?

You can, but it’s not recommended. Without legal counsel, it’s easy to accept less than you deserve or make a mistake that weakens your case. An attorney ensures your rights are protected and that you receive fair compensation.

How much does hiring a car accident lawyer cost?

Most personal injury law firms offer a free initial consultation and work on a contingency fee basis, meaning you have no financial risk unless you obtain a settlement.

What if the insurance firm has already made an offer?

Do not accept any offer without reviewing it with an attorney. Many early offers fail to account for future medical expenses, lost wages, or ongoing physical therapy. Once accepted, you waive the right to future claims, even if new injuries arise.

Book a Free Consultation

If you were involved in a car accident that wasn’t your fault, you have rights, and you deserve to be fully compensated. Our experienced team offers a free consultation to discuss your case, analyze the police report, explain the legal process, and explore your options for pursuing justice.

Let Rosenfeld Injury Lawyers help you receive compensation for your medical bills, property loss, emotional trauma, and more. Complete our simple online form to receive the support and advocacy you need from a trusted Chicago personal injury attorney.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.