Seven Tips for Handling a Car Accident That Was Not Your Fault

 Posted on August 28, 2025 in Car Accidents

No one plans to be hurt in a serious car crash. One moment you are driving, and the next you are stunned by the sound of metal on metal, breaking glass, and screeching tires. In the blink of an eye, a car crash can change lives forever.

If the accident was not your fault, you might assume the process will be straightforward. Unfortunately, insurance companies often do not make it easy, and without careful steps, injured drivers can lose their chances of recovering the compensation they desperately need for medical bills, lost income, and long-term recovery.

As of August 2025, Illinois law continues to follow the principle of modified comparative negligence under 735 ILCS 5/2-1116. This means that as long as you are less than 50 percent at fault for the crash, the law is on your side and you can recover damages. But even if you were not at fault at all, insurance companies still look for ways to shift blame and reduce payouts. That is why knowing what to do after a serious car accident is so important – and why having a Rockford, IL car accident lawyer makes such a big difference in the outcome of these cases.

Below are seven detailed tips that every driver in Winnebago County should follow if they are involved in a car accident caused by someone else’s negligence.

What to Do After a Serious Car Accident That Was Not Your Fault

Call 911 and Make Sure a Police Report Is Filed

The very first step after any crash is to ensure everyone is safe and to call 911. In Illinois, drivers must report accidents involving injury, death, or more than $1,500 in property damage (625 ILCS 5/11-406). For most crashes involving significant damage or injury, police must be called.

A police report creates an official record of the accident, which can later be critical in proving fault. In Rockford, the Rockford Police Department or the Illinois State Police will respond depending on where the accident occurred. The report will include witness names, driver statements, diagrams of the accident scene, and any citations issued.

Insurance companies often try to argue about who was at fault. Without a report, it becomes your word against the other driver’s. Having that documentation is one of the strongest tools you can have when pursuing compensation.

Get Medical Attention Immediately

Even if you feel fine, do not assume you escaped injury. Many serious injuries, such as concussions, whiplash, or internal bleeding, do not cause symptoms right away. In fact, according to the Centers for Disease Control and Prevention (CDC), symptoms of traumatic brain injury may not appear for days or weeks.

In Illinois personal injury cases, your medical records serve as key evidence of the extent of your injuries. Delaying treatment gives the insurance company room to argue that you were not really hurt in the accident or that something else caused your condition. By visiting a doctor or hospital immediately after the crash, you protect both your health and your case.

Gather Evidence at the Scene if You Can

Only if it is safe, take photos and videos at the scene. Knowing where the vehicles were positioned after the crash, what kind of damage they had, and whether there were skid marks, debris trails, or other evidence could impact the outcome of your case.

Eyewitness statements are also powerful. If someone saw the crash, ask for their contact information. Many accident cases have turned on the credibility of a single witness who could confirm what happened. The more evidence you collect, the harder it is for the insurance company to deny fault.

Tell Your Insurance Company Promptly

Illinois is an at-fault state, which means the driver responsible for the crash must pay damages. However, you should still notify your insurance company right away, even if you were not at fault. Most policies require prompt reporting, and failure to do so could affect your coverage.

Keep your statement factual but brief. Do not speculate about fault or the extent of your injuries. Simply provide the date, time, location, and the other driver’s information. The less you say, the fewer opportunities you give insurers to twist your words.

Do Not Talk to the Other Driver’s Insurance Adjuster

After the crash, you may get a call from the other driver’s insurance adjuster. They may sound friendly and sympathetic, but their job is to protect the company’s bottom line. Insurance companies have strategies to reduce payouts and even go so far as to hire professional apologizers to try to get victims to agree to quick settlements.

Other common tactics include asking for a recorded statement to use against you later and pressuring you to sign medical release forms so they can dig through your entire health history. Avoid this entirely by working with an attorney who will talk to the insurance company on your behalf. An experienced Rockford car accident lawyer knows how to handle adjusters, calculate fair damages, and ensure you are not taken advantage of.

Keep Track of All Losses and Expenses

Car accidents cause more than just medical bills. Illinois law allows injured drivers to recover for lost wages, reduced earning capacity, pain and suffering, and other damages. To maximize your recovery, keep careful records of:

• Medical bills and treatment plans

• Prescription costs

• Mileage to and from doctor appointments

• Pay stubs showing lost income

• Journal entries documenting pain, anxiety, or loss of enjoyment of life

When personal injury cases go to trial, juries typically find detailed, documented claims more persuasive than general statements. The more evidence you have, the stronger your case becomes.

Talk to a Car Accident Attorney Before Accepting Any Settlement

The final and most important step is to consult with an attorney before making any decisions about a settlement. In serious cases like those involving spinal cord injuries, traumatic brain injuries, or wrongful death, damages can reach hundreds of thousands or even millions of dollars. Insurance companies know this, which is why they often push for quick settlements.

Rockford personal injury firm Mannarino & Brasfield, A Division of Schwartz Jambois focuses on catastrophic injury cases. We have the resources to investigate thoroughly, hire accident reconstruction experts, and take cases to trial when insurers refuse to pay fairly. We can anticipate how the case will play out in court and use that knowledge to your advantage.

Contact Our Rockford, IL Car Accident Lawyers

If you have been injured in a car accident that was not your fault, do not face the insurance companies alone. Contact a Winnebago County, IL car accident attorney at Mannarino & Brasfield, A Division of Schwartz Jambois today by calling 815-215-7561. Our firm has decades of experience handling serious cases, offers free consultations, and works on a contingency fee basis — meaning you pay nothing unless we win compensation for you.