If you walked away from a minor fender bender with no injuries, you may not need a lawyer. But if you were hurt, missed work, or are facing medical bills, the honest answer is that handling the claim yourself usually costs you more than an attorney's fee ever would. Here is how to think it through, including the Illinois rules that decide what your claim is actually worth.
The other driver's insurance company is not neutral. Its adjusters handle thousands of claims a year, and their job is to close yours for as little as possible. They do this in predictable ways: asking for a recorded statement early, requesting broad access to your medical history, and making a fast settlement offer before the full extent of your injuries is known.
None of this is illegal. It is simply a negotiation between a professional and, in most cases, someone who has never valued an injury claim before. A settlement has to account for current and future medical treatment, lost income, diminished earning capacity, pain and suffering, and vehicle damage. If you have never calculated those numbers, you have no reliable way to know whether an offer is fair. An experienced attorney does, and the insurance company knows it.
The Insurance Research Council, a research organization funded by the insurance industry itself, has published consumer studies over the years finding that injury claimants represented by attorneys received substantially higher settlements than those who negotiated alone. That is consistent with what we see in practice: unrepresented claimants are routinely offered a fraction of what their claims are worth.
The two-year filing deadline. Under 735 ILCS 5/13-202, you generally have two years from the date of the crash to file a lawsuit for your injuries. Negotiating with the insurance company does not pause this clock. Only filing suit does. If the deadline passes, your claim is gone no matter how strong it was.
Comparative fault. Illinois follows a modified comparative fault rule, 735 ILCS 5/2-1116. If you are found more than 50% at fault, you recover nothing. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. Insurance adjusters understand this rule well, and shifting blame onto you is one of the most effective tools they have. A $300,000 claim becomes a $210,000 claim if the adjuster can pin 30% of the fault on you. Pushing back on fault allocation is a core part of what a car accident lawyer does.
Minimum insurance limits. Illinois drivers are only required to carry $25,000 per person in bodily injury liability coverage. Serious injuries exhaust that quickly. An attorney will look beyond the at-fault driver's policy to other sources of recovery, including your own underinsured motorist coverage, additional defendants, and umbrella policies you may not know exist.
We tell people this on the phone regularly. If the crash caused property damage only, you were not injured, and the insurance company has accepted fault, you can usually resolve the claim yourself. The same may be true for a very minor injury that fully resolved with no treatment. Hiring a lawyer makes sense when there are real injuries, disputed fault, significant medical bills, or an insurer that is delaying, denying, or lowballing.
Nothing up front. Like most Illinois personal injury firms, we work on a contingency fee: the fee is a percentage of the recovery, and if there is no recovery, you owe no attorney's fee. The consultation is free, so the only thing it costs to find out whether you have a case is a phone call.
Our car accident lawyers at Collins Law Group work on a contingency fee. You pay no fee up front, and no attorney's fee at all until we win your case.
Generally two years from the date of the crash under 735 ILCS 5/13-202. Some situations change this deadline, such as claims involving minors or government entities, so confirm your specific deadline with an attorney promptly.
Yes, as long as you were not more than 50% at fault. Under Illinois's comparative fault rule, your recovery is reduced by your percentage of fault. An attorney can challenge an insurer's attempt to overstate your share of the blame.
Be careful. You are not required to give the other driver's insurer a recorded statement, and what you say can be used to reduce or deny your claim. It is generally wise to speak with an attorney before giving any statement.
The Illinois car accident lawyers at Collins Law Group have represented injured people across DuPage County and Illinois for decades. We will tell you candidly whether you need a lawyer at all, and if you do, what your claim may be worth. Call (630) 527-1595 or fill out our contact form for a free, no-obligation case evaluation.
"*" indicates required fields










