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Admissions of Fault After an Accident

Posted on in Car Accidents

fault after an accident, Crystal Lake Personal Injury AttorneyAfter a car accident, there are several steps that a driver should take depending on the circumstances of the accident. The driver may have to check on the other party to the accident, call the police, and seek emergency medical assistance if required. On the other hand, there are certain things that a driver involved in an accident should not do following the accident, including admitting to liability.

For some drivers, apologizing may be a natural action to take, even when they are not truly at fault. This may be the case especially when the other party to the accident is injured. However, apologizing for the accident, or admitting to violating a traffic offense that you believe is the cause of the accident, can have serious consequences later.

Although Illinois courts compare the parties' degrees of fault in an accident, under Illinois law, the person who is determined to be wholly responsible for causing the car accident is responsible for paying the damages to the other party's vehicle and any resulting injuries. Admissions of fault can be important in proving a person's liability.

Statements made at the scene of the accident, or even at the hospital, can later be used against you in court or by the insurance companies to try and reduce the amount that is paid out, or to deny coverage altogether. When speaking to police officers about the accident, you should stick to the facts. No matter how sure you are of the facts that led to the accident, you should try to avoid making statements that interpret the facts. It is better to report just the plain facts and not conclusions.

When dealing with insurance companies, it is important to remain focused and to not get too comfortable with the representatives who may try to get you to admit to causing the accident or contributing greatly to it. If you are unsure of how to talk to the representatives, you should seek advice from your own insurance company, or an attorney.

It is especially important to consult with an attorney if there are serious bodily injuries involved. If you have consulted with an attorney and have retained one to represent you, you should route all communication with the insurance company through your attorney.

Contact an Experienced Personal Injury Attorney

If you or a loved one was injured in an automobile accident or otherwise due to the negligence of another driver, you should contact an experienced personal injury attorney to fight for you while you recover. Contact the experienced Crystal Lake personal injury attorneys at Botto Gilbert Lancaster, PC for a free consultation. Our attorneys are available for a consultation today, and are able to travel to your location if need be.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116
Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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