Yes, it is typically a mistake to admit fault after a car accident. The time after a car accident can be stressful and confusing. Things happen quickly, and you might be unsure of exactly what happened — especially if you sustained a concussion or other head injury.
Admitting fault could put you on the hook for all the damages resulting from the accident. It could also prevent you from recovering compensation for your own injuries. If you have already admitted fault, all hope is not lost. It might not be too late to put together a winning strategy to recover compensation for your injuries.
How The Fault-Based Auto Insurance System in Illinois Works
Illinois follows a fault-based insurance system. This generally means that whoever is at fault for the accident is responsible for the damages that occur. If another driver causes an accident, you can file an insurance claim with the other driver’s insurance.
As a victim of the accident, you may be entitled to recover both economic and non-economic damages. These types of damages compensate you for your financial losses as well as your physical and emotional trauma, respectively. Some common examples include:
- Medical bills
- Lost wages
- Lost future earnings capacity
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of quality of life
- Scarring or disfigurement
- Anxiety
- PTSD
To be successful with your claim, you would need to prove that the other driver’s negligence caused your accident. Additionally, you would need to prove that your injuries were a direct consequence of the accident. Drivers in Illinois are required to carry a certain minimum amount of liability insurance coverage to pay for accidents they cause.
Why Admitting Fault May Hurt Your Claim
There are a few reasons why admitting fault after an accident is a bad idea. The first reason is that your statements could be used against you to pin the liability on you. This means that you could be on the hook financially for all the injuries and damages suffered in the accident. In cases involving catastrophic injuries, this could be in the hundreds of thousands of dollars.
Next, admitting fault could minimize the damages you may recover from the other driver or prevent you from recovering any damages at all. Illinois follows a modified comparative negligence rule. Under this rule, you may recover damages as long as you are less than 51% responsible for the accident. Your portion of the fault will simply reduce your damages.
Insurance companies or adjusters may use your statements to assign more of the blame to you. The more blame you share, the less compensation you can recover. If you are assigned 51% or more of the blame, you will not be entitled to recover any compensation from the other driver.
Consequences of Admitting Fault in Different Circumstances
The time at which you admit fault can have an effect on how damaging your statements are to a potential claim. Here are some common situations in which you might admit fault and how each can affect you.
Admitting Fault at the Accident Scene
Admitting fault at the accident scene could be because you were confused or did not know all the facts yet. This is especially true if you sustained a head injury, and this can be a good defense to any incriminatory statements you made.
Admitting Fault to the Insurance Company
The insurance company will often try to trick you into admitting fault by asking for very specific details about the accident. Even simple statements such as “I’m sorry” may be used against you. You should avoid making any statements to the insurance company before talking to a lawyer.
Admitting Fault in a Deposition
During a deposition, you are sworn to tell the truth, so it can be more difficult to avoid admitting fault. Any statements you make during a deposition can be used against you later. However, your lawyer can help prepare you for your deposition and help you understand how to handle this type of questioning.
Admitting Fault on Your Social Media
Some people may think nothing of posting about their accident on social media. However, anything posted on social media can be used against you later. Even seemingly harmless posts, such as sharing images or comments about the accident, can be used against you to weaken your claim. Always be cautious about what you share online.
Ways to Avoid Admitting Fault For a Car Accident
After an accident, you may feel compelled to explain what happened to the police or the insurance company. Plus, insurance adjusters and lawyers can be very aggressive when asking questions about your accident. Some ways you can avoid admitting fault after your accident are:
- Do not engage in polite apologies or small talk. Your good manners might end up being used against you later during the claims process.
- If anyone asks questions about your accident before you can speak to an attorney, be as concise as possible or refuse to answer the questions altogether. The more you speak, the greater the chance that you will say something that could hurt your case.
- Consult with an experienced lawyer as soon as possible after your accident so they can help you through the process.
- After you hire a lawyer, do not talk to the insurance company, police, or anyone else without your lawyer. Your lawyer will handle all communications regarding your accident.
Although you might think you are doing good by trying to explain yourself after an accident, your statements could end up doing harm instead. Limit your communications with other parties until you are able to hire an attorney to represent you.
What to Do if You Have Already Admitted Fault for a Car Accident
So, what should you do if you already admitted fault? The good news is that it may not be too late to undo some of the consequences of your statements. Even if you were partially at fault, you might still be able to recover some damages for your injuries.
Contact the experienced lawyers at Attorneys of Chicago Personal Injury Lawyers at (872) 324-4375. Our team can help you put together evidence that shows the accident was not your fault and preserve your right to recover compensation for your injuries. Give us a call today for a free consultation.
