Accidents happen in an instant, often when you least expect them. Many drivers think of fender benders as nothing more than a small inconvenience. A few scratches, maybe a dented bumper, and everyone moves on. But what if that seemingly minor crash leads to medical bills, lost work time, or an insurance headache that refuses to go away? Can you actually sue after a fender bender in Illinois?
The answer is yes, in certain circumstances you can. And knowing when to take that step can protect you from financial stress down the road. If you have been in a fender bender and are unsure of your rights, the attorneys at Fabbrini Law Group offer free consultations to help you understand your options.
When Can You Sue for a Fender Bender in Illinois
Illinois is considered an at fault state. That means the driver who caused the accident is financially responsible for the damages. Even when an accident seems minor, you still have the right to seek compensation for property damage, medical expenses, lost income, and even pain and suffering.
The law in Illinois gives you two years from the date of the accident to file a lawsuit for personal injury and five years for property damage. That may sound like plenty of time, but in reality, the longer you wait, the harder it becomes to gather strong evidence. Medical records, police reports, and witness statements are much easier to secure soon after the crash.
While many fender bender cases are resolved through insurance claims, lawsuits can be necessary when the other driver denies responsibility, when your injuries turn out to be more serious than expected, or when the insurance company refuses to offer a fair settlement.
Why Suing May Make Sense After a Fender Bender
At first glance, suing over a fender bender may sound excessive. However, not every injury shows up right away. Whiplash, concussions, and back injuries are common in low impact collisions. These conditions can take days or even weeks to fully develop. By the time the pain sets in, the bills may already be piling up.
Vehicle repairs are another factor. Even a slow speed crash can cause thousands of dollars in hidden damage. Sensors, cameras, and modern safety systems are expensive to replace, and repairs may leave your car with a diminished resale value.
Insurance disputes are another common reason people decide to sue. Insurers are known for making low offers or even denying claims outright. If the other driver has little or no coverage, you may need to pursue legal action to recover what you are owed. In each of these situations, having an experienced Illinois car accident attorney on your side can make the difference between walking away empty handed and receiving fair compensation.
How Illinois Comparative Negligence Affects Fender Bender Claims
One key aspect of Illinois law that often comes into play in fender bender cases is the rule of comparative negligence. Under this rule, you can still recover compensation even if you were partly at fault, as long as your share of the blame is less than 50 percent. Your recovery, however, will be reduced by the percentage of fault assigned to you.
For example, if a court finds that you were 20 percent responsible for a rear end collision and your damages total ten thousand dollars, you would still be entitled to recover eight thousand. This rule is especially important in fender bender cases where both drivers may argue about who was truly at fault. A skilled attorney can help gather the evidence needed to protect your side of the story.
What To Do After a Fender Bender in Illinois
Taking the right steps immediately after a fender bender can make or break your case. Always call the police and request an accident report, even if the damage looks minor. Exchange information with the other driver and take photos of the scene, the vehicles, and any visible injuries. If there are witnesses, ask for their contact information.
Seeking medical attention is critical. Many injuries are not obvious at first, but a doctor can identify them early and create a medical record that links your injuries to the crash. Finally, notify your insurance company as soon as possible but avoid making detailed statements before speaking with an attorney.
Reaching out to a lawyer right away ensures you understand your rights and do not accept a settlement that undervalues your claim. The team at Fabbrini Law Group has helped countless Illinois drivers protect themselves after accidents both large and small.
Protect Your Rights After a Fender Bender
So can you sue after a fender bender in Illinois? Yes, you can. Whether you should depends on the extent of your injuries, the damage to your vehicle, and how the insurance process unfolds. What may look like a minor inconvenience can quickly turn into a serious financial burden if you are not careful.
If you have been in a fender bender and feel uncertain about your next steps, do not wait. Contact Fabbrini Law Group today for a free legal consultation. We can review your case, explain your options, and help you decide whether filing a lawsuit is the best path forward. Protect your rights and let an experienced Illinois car accident lawyer stand by your side.