What Happens if the Other Driver Denies Causing Your Illinois Car Accident?

 Posted on October 17, 2026 in Car Accidents

After a car accident, the other driver might give an account that is very different from yours. They could deny running a red light or claim that you moved into their lane, leaving you worried about whether their insurance will pay.

The other driver’s denial does not prevent you from seeking compensation. Their insurer investigates the claim, and you have the right to challenge its decision with evidence. If you're involved in a fault dispute after a car accident in 2026, a Chicago, IL car accident attorney will help you respond and pursue your claim.

How Does an Illinois Insurance Company Handle Conflicting Accounts of a Crash?

The insurance company reviews the available evidence to determine whether its policyholder caused the accident. It considers the drivers’ statements alongside other information about the collision. The driver does not have to admit fault for the insurer to accept responsibility for a covered claim.

A dispute could delay a settlement while the adjuster requests records or speaks with witnesses. If the insurer accepts the other driver’s account, it could deny payment or offer less based on an argument that you shared responsibility.

Ask the adjuster to explain the basis for that decision. Your attorney will review the explanation and identify what evidence is needed to challenge it.

What Evidence Helps Resolve a Disputed Illinois Car Accident Claim?

Evidence showing what happened before and during the impact helps resolve conflicting accounts. Useful evidence includes:

• Dashcam footage or video from nearby businesses
• Statements from witnesses who saw the collision
• Photos showing vehicle damage and where the cars stopped
• Pictures of traffic signals, lane markings, and road conditions
• Police records documenting observations and statements at the scene

If the collision is difficult to explain, an accident reconstruction professional can analyze the physical evidence. Then compare these records with the other driver’s account to identify contradictions.

Does a Police Report Decide Who Was at Fault in Illinois?

A police report does not make the final decision about fault in an injury claim. The officer records information gathered at the scene, but the insurance company makes its own assessment. If the case goes to trial, the judge or jury decides legal responsibility.

The report’s contents still deserve careful review. A police report often includes each driver’s version of the crash, even when the officer did not witness it. However, the officer writing down the other driver’s account does not mean they confirmed that it happened that way.

Even if the report favors the other driver, you still have the right to pursue compensation and present evidence supporting your account.

What if the Insurance Company Finds Both Drivers at Fault in Illinois?

If the insurer assigns you part of the blame, it could offer a reduced settlement. Illinois follows modified comparative negligence. Under 735 ILCS 5/2-1116, you can recover compensation if your share of fault is 50 percent or less, but your recovery is reduced by that percentage.

If you are more than 50 percent responsible, you cannot recover damages. For example, if your losses total $100,000 and you are 40 percent at fault, your compensation would be reduced to $60,000.

The insurer’s fault assessment is open to challenge. Ask what actions it claims you took and what evidence supports the percentage assigned to you. If the dispute reaches trial, the judge or jury determines each driver’s responsibility.

What Happens if the Other Driver’s Insurer Refuses to Pay in Illinois?

Your attorney can submit additional evidence and request that the insurer reconsider its decision. If negotiations do not resolve the dispute, you have the option to file a lawsuit against the responsible driver. Filing suit does not require the case to end in a trial; settlement discussions often continue during litigation.

According to 735 ILCS 5/13-202, most Illinois car accident injury lawsuits must be filed within two years of the accident, subject to exceptions. Continuing to negotiate does not pause that deadline.

While the dispute continues, collision coverage under your own policy offers another way to address covered vehicle damage, subject to your deductible. Notify your insurer promptly and follow the policy’s claim requirements.

Contact a Hyde Park, IL Car Accident Lawyer

A driver’s refusal to accept responsibility should not leave their version of events unchallenged. At Kadzai Law Group, LLC, our attorney will investigate the collision and help support you in your claim.

Attorney David Kadzai also serves as an arbitrator for the American Arbitration Association, hearing disputes involving uninsured and underinsured motorist coverage. He brings that experience with contested accident claims to his practice.

For a free consultation, contact our South Side of Chicago car accident attorney or call 312-229-0050.