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You were stopped at a red light when suddenly another driver rear-ends you—now what? At Conboy Law Firm Injury & Medical Malpractice Lawyers, we know how confusing car insurance can be when you’re not at fault in a car crash. Many drivers don’t understand how insurance coverage works after an auto accident that wasn’t their fault. Learning about these differences helps you get the full compensation you deserve.
After a car accident, you face vehicle damage, medical bills, and maybe lost wages. The at-fault driver’s insurance company should pay these costs. But insurance claims often get complex, and the other driver’s insurance company might try to pay less than you deserve.
When another driver causes your car crash, you have options for getting your expenses covered. Many drivers who are not at fault are unsure whether to reach out to their insurance provider or the insurance company of the at-fault driver.
In some states, no-fault auto insurance may apply, which means your own insurance company covers your medical expenses and lost wages, regardless of who caused the accident. Getting this right from the start helps you recover compensation faster and with less stress. The way fault is determined and documented plays a big role in how smoothly your claims process goes.
Insurance companies look at several things to decide who’s at fault:
Illinois follows the “modified comparative negligence” rule, which allows you to recover compensation even if you bear some responsibility, provided your fault does not exceed 50%. Your payment gets reduced by your fault percentage.
Insurance adjusters often visit the accident scene, look at both vehicles, check medical records, and talk to witnesses. They want to figure out exactly what happened before paying any claims.
Police reports are very vital after a car crash. In Illinois, you must call the police if anyone is hurt or if damage exceeds $1,500 (or $500 if a driver lacks insurance). The report includes driver statements, witness information, and the officer’s view of how the crash happened.
The at-fault driver’s insurance company relies heavily on police reports. If the report shows the other driver broke traffic laws or got a ticket, this strongly supports your claim. Even if the damage appears to be minor, it’s important to contact the police to document an official record of the incident.
Filing an insurance claim after a not-at-fault accident follows certain steps that might seem complicated at first. Each insurance carrier has its process, but they follow similar patterns. Understanding how to file a third-party claim with the at-fault party’s insurance and what documents you’ll need helps you prepare better and avoid common delays.
If you’re not at fault, you have the option to submit a “third-party claim” to the insurance provider of the at-fault driver. Here’s what to do:
Keep copies of everything you send, and log all communications. Illinois law requires the at-fault driver’s liability insurance coverage to pay for:
In Illinois, the minimum liability coverage is $25,000 for one person’s injuries, $50,000 for multiple people’s injuries, and $20,000 for property damage.
Even when you’re clearly not at fault, insurance companies often try to pay less. They might question your injuries, suggest they existed before the crash, or claim your medical treatment wasn’t needed.
Some common tactics include:
If the at-fault driver’s insurance denies your claim, they must explain why. Common reasons include policy exclusions, fault disputes, or claims that your injuries weren’t from the accident. You can appeal these denials with more evidence.
If you face unreasonable delays or confusing denials, getting legal help from a car accident lawyer might be your best course.
Your insurance policy matters even when another driver caused your accident. Many drivers don’t realize their coverage can help them get repairs and medical treatment faster. Understanding your policy’s different parts helps you make better choices about how to handle your claim and recover compensation quickly.
Your collision coverage can pay for vehicle repairs regardless of who caused the crash. Using your auto insurance often means:
When you use your insurance, you’ll pay your deductible first. But if you weren’t at fault, your insurance company will start a process called subrogation with the at-fault driver’s insurance company. Through subrogation, your insurer gets back what it paid, including your deductible.
Your rates usually won’t increase if you aren’t at fault. The benefit is that your own insurance company must treat you fairly by contract, while the other driver’s insurance company has no such duty to you.
Medical Payments coverage (MedPay) and Personal Injury Protection (PIP) help pay medical bills after an accident, no matter who’s at fault.
MedPay covers:
PIP coverage is broader than MedPay. Beyond medical expenses, it can cover:
While PIP is required in no-fault states, it’s optional in Illinois. Both coverages work directly through your own insurance company, which helps when you need immediate medical treatment and can’t wait for the at-fault driver’s insurance.
Uninsured motorist coverage provides protection if the responsible driver lacks insurance. About 12% of Illinois drivers have no insurance, making this coverage very important. This coverage also applies to hit-and-run accidents when the at-fault driver can’t be identified.
Underinsured motorist coverage kicks in when the at-fault driver has some insurance, but not enough to pay for all your losses. Consider this situation: your medical expenses reach $50,000 after a serious crash, but the driver who hit you only carries Illinois’ minimum $25,000 in liability insurance. In this case, your underinsured motorist protection can step in to help cover that $25,000 gap in your medical bills and other costs.
Illinois requires all auto insurance policies to include uninsured motorist coverage with limits matching the basic liability amounts. We recommend getting higher policy limits since serious injuries can easily exceed the minimum amount, especially when you consider long-term medical needs and lost wages.
Talking with the other driver’s auto insurance company can be tricky. They work to protect their money, often at your expense. Knowing their methods helps you stand up for fair treatment and proper payment for your losses. The way you communicate with them can greatly affect how much you recover compensation.
Insurance adjusters follow specific steps when looking at claims:
These programs often set lower values than actual market rates. To calculate compensation for pain, suffering, and mental anguish, insurers often apply a multiplier, ranging from 1 to 5, to your medical expenses. The exact factor depends on the seriousness of your injuries and their impact on your life.
Remember that adjusters handle many claims at once and want to close them quickly and cheaply. Their first offers are almost always low because they expect you to negotiate.
Insurance companies use many tricks to reduce what they pay:
These tactics work because most people don’t deal with insurance claims often and don’t know what’s fair. The entire process can be frustrating when you’re also trying to recover from injuries.
When the at-fault driver’s insurance company calls, they often ask for a recorded statement. This seems reasonable, but it can hurt your claim. Even innocent mistakes or memory gaps can be used against you to reduce your payment or deny your claim completely.
Adjusters ask questions designed to get harmful answers. They might ask, “Could you have done anything to avoid the accident?”, trying to get you to accept some blame.
You don’t have to give a recorded statement to the other driver’s insurance company. Instead:
What you do right after a car crash greatly affects your insurance claim. Safe actions at the accident scene can help you get better compensation later. Being prepared with this knowledge helps during a stressful situation and protects your right to recover compensation.
The evidence you collect forms the foundation of your claim:
If the other driver admits fault with statements like “I didn’t see you” or “I was looking at my phone,” write these down immediately. Such admissions greatly help your claim with their insurance carrier.
Independent witnesses provide unbiased accounts of what happened. Get the names and contact information of anyone who saw the crash. Witnesses might notice things you missed, such as the other driver using a phone or running a red light.
Ask if they’ll give a quick statement you can record on your phone. If they’re busy, at least get their contact information for later.
Photos tell a story that words can’t. They show:
Take close-ups of all damage as well as wider shots showing the entire accident scene for context. These visual records are hard for insurance companies to argue against.
Even when you’re not at fault, report the accident to your own insurance company promptly. Most policies require quick notification, and not reporting could violate your policy terms. Stick to facts when describing what happened.
Reporting doesn’t mean you’ll use your coverage. It just informs them about the incident in case you need your coverage later. Your insurer can advise on the next steps and protect your interests if the other driver’s insurance tries to blame you.
When reporting, provide basic information but avoid definitive statements about injuries. Some symptoms appear days later. Just say you’re seeking medical evaluation, if that’s true. This creates an official record from your perspective.
Sometimes, handling an insurance claim yourself works fine, but other times, you need professional help. Knowing when to get a car accident attorney can save you stress and potentially thousands of dollars. As claims get more complex, having skilled legal help becomes more valuable.
Insurance companies must handle claims fairly. Watch for these warning signs:
If you notice these issues, the company might be acting in bad faith. This is when legal help becomes essential to protect your rights and pursue compensation properly.
A car accident lawyer brings special knowledge that most people don’t have. They know how to:
Lawyers know the full extent of damages you can claim and how to document them properly. Their experience helps avoid common pitfalls that reduce your payment.
Studies show accident victims with attorneys receive much higher payments, even after paying legal fees. The Insurance Research Council found that represented claimants get settlements 3.5 times larger than those without lawyers.
Without legal help, you risk accepting too little money that won’t cover your long-term needs, especially with serious injuries requiring ongoing treatment. Once you accept a settlement, you typically can’t ask for more later.
You also might miss important deadlines. In Illinois, you have two years from the accident date to file legal action. Missing this deadline means you lose your right to seek compensation completely, no matter how strong your case is.
Don’t let insurance companies pay you less than you deserve. At Conboy Law Firm Injury & Medical Malpractice Lawyers, we fight for Chicago accident victims dealing with the aftermath of crashes they didn’t cause. Our car accident attorneys know how to counter insurance tactics and build the strongest case for full compensation.
You should focus on healing, not fighting with insurance adjusters. We offer free consultations to discuss your case and explain your options. We only get paid if we win your case, so there’s no financial risk to getting legal help. Call us today to protect your rights and secure the payment you deserve for your medical expenses, lost wages, pain and suffering, and other damages.
Conboy Law - Chicago, IL
Address: 60 W Randolph St. 4th Floor Chicago, IL 60601
If you or a loved one has been injured, don’t hesitate to contact our injury attorneys today!
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