Can You Challenge an Insurance Company’s Fault Determination for a Car Accident?

 Posted on February 28, 2026 in Car accidents

You have the right to question an insurance company’s findings after a car accident. This is actually more common than most people realize. An insurance adjuster's fault determination is not a court ruling. It's an opinion, and opinions can be challenged.

If you disagree with how an insurer assigned blame after a crash, you can push back. How you do it can directly affect your personal injury claim and how much compensation you recover.

If you're fighting an insurance company for fair compensation in 2026, our Park Ridge, IL car accident lawyer can help you understand your options.

How Do Insurance Companies Determine Fault After a Car Accident?

When you report a crash, an insurance adjuster reviews the available evidence to decide who caused it. You should always keep in mind that adjusters work for the insurance company, not for you. Their job is to assess the claim. However, their findings can be influenced by what minimizes the company's payout. That doesn't mean every determination is wrong, but it does mean you shouldn't treat it as the final word.

What Does Illinois Law Say About Fault and Compensation for Car Accidents?

Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. This means your compensation is reduced by whatever percentage of fault is assigned to you. If you're found to be more than 50 percent at fault, you can't recover anything at all.

That makes fault percentage more than just a technicality. If an insurer bumps your share of fault from 20 percent to 55 percent, it's the difference between a reduced settlement and no recovery at all. Challenging an unfair determination isn't just about principle. It can have a direct and significant impact on the money available to you.

What Evidence Can You Use To Challenge a Fault Determination for a Car Accident?

The strongest challenges are built on evidence that directly contradicts the insurer's version of events. Useful evidence includes:

• Photos and video from the scene, including dashcam footage, nearby security cameras, or traffic cameras near the intersection where the crash occurred
• Witness statements from people who saw the accident and have no connection to either driver
• The official police report, particularly if an officer cited the other driver or noted a traffic violation
• Medical records that connect your injuries directly to the crash
• An independent accident reconstruction report if the facts of the crash are disputed

Cook County and the surrounding suburbs, including Niles, have significant traffic along corridors like Dempster Street and Milwaukee Avenue. Crashes at busy intersections often fall within the range of surveillance cameras whose footage can be retrieved if you act quickly. Footage is frequently overwritten within days.

How Do You Formally Dispute a Fault Finding With an Insurance Company?

Start by notifying the insurer in writing that you disagree with the determination. Be specific about what you believe is inaccurate and include any supporting documentation you have. Most insurance companies have a formal appeals process, and submitting a written dispute gets the matter on record.

If the insurer won't reconsider, you have additional options. You can file a complaint with the Illinois Department of Insurance, which oversees how insurers handle claims in the state. Under the Illinois Insurance Code (215 ILCS 5/154.6), insurers are prohibited from engaging in unfair claims practices. These may include misrepresenting facts or refusing to settle claims in good faith. If an insurer is acting in bad faith, that law provides a basis for a formal complaint and potentially further legal action.

What Mistakes Can Hurt Your Ability To Challenge Fault for a Car Accident?

How you handle the aftermath of a crash can strengthen or weaken your position before you even know a dispute is coming. Common mistakes include:

• Giving a recorded statement to the other driver's insurance company without legal guidance
• Admitting any degree of fault at the scene, even casually, which can be documented and used against you
• Waiting too long to gather evidence, especially surveillance footage that may be deleted within days
• Accepting a settlement offer before fully understanding your injuries and their long-term costs

As of 2026, Illinois still requires most car accident injury claims to be filed within two years of the crash date under 735 ILCS 5/13-202. That window can close faster than people expect, especially when an insurer is dragging out the dispute process.

Schedule a Free Consultation With Our Glenview, IL Car Accident Attorney

If an insurance company has assigned you a percentage of fault for your own injuries that you don't believe is accurate, don't accept it without talking to us at Quinn Law Group, LLC first. Attorney Patrick Quinn has a practical understanding of how fault disputes play out both at the negotiating table and in the courtroom.

Call 847-232-7180 to schedule a free consultation and find out how our Park Ridge, IL car accident lawyer can help you.