Do I Have To Accept the First Settlement Offer for My Car Accident in Illinois?

 Posted on October 05, 2025 in Articles

Once you file a car accident claim, the insurance company may come back with a quick offer. It might be tempting to accept it so you can cover medical bills or lost wages and move on. However, it would be a mistake to assume the first offer is the best one. Before making a decision, talk to an experienced Springfield, IL car accident lawyer for guidance.

Is the First Settlement Offer for a Car Accident Settlement Usually Low?

You should not be surprised if the first settlement offer is lower than the actual value of your claim. Insurance companies know that accident victims are under financial pressure. They sometimes use early offers as a tactic to save money. Sometimes, they will use the excuse of shared fault to send a lowball offer.

The modified comparative negligence rule under 735 ILCS 5/2-1116 can limit your access to damages. It says that if there is evidence that you share more than half the responsibility for the accident, you will not be able to collect a settlement. It also allows the insurer to reduce your settlement if you are 50 percent or less at fault. Insurers might still use this rule as leverage, even when their claim of fault is weak. Accepting the first offer without legal advice could leave you with far less than you need for recovery.

How Do I Know What My Car Accident Claim is Worth?

Determining the value of a car accident claim depends on multiple factors, for example:

• The medical costs associated with your injuries, including ongoing treatment

• The value of lost wages, including loss of earning capacity

• The cost to replace any damaged property

• The emotional and physical impact of the accident

The challenge is that insurance companies often minimize non-economic damages like pain and suffering because they are harder to measure. To get a more accurate idea of what your case is worth, you may need to work with medical experts, economists, and a personal injury attorney.

What Happens if You Reject the First Settlement Offer for a Car Accident Claim?

Rejecting the first offer does not end your case. Instead, it begins the negotiation process. You or your attorney can present evidence to show why you deserve more compensation. If negotiations stall, your case could move into litigation.

Under 735 ILCS 5/13-202, you generally have two years from the date of the accident to file a personal injury lawsuit in Illinois. This deadline is important. If you wait too long, you may lose your right to pursue compensation altogether.

Negotiations can continue even after you file a lawsuit. More often than not, cases settle before going to trial. Rejecting an early low offer gives you the chance to negotiate for a settlement that truly reflects your losses.

Contact an Experienced Champaign, IL Car Accident Attorney Today

Dealing with insurance companies after a car accident can be frustrating. Our experienced Springfield, IL car accident lawyers will identify all recoverable damages and negotiate on your behalf to ensure you receive a fair settlement.

Attorney Todd Bresney previously worked with the Federal Trade Commission and served at the Cook County State’s Attorney’s Office, giving him valuable insight into how powerful institutions operate. Collectively, our attorneys have more than 100 years of combined experience fighting for injury victims throughout Illinois.

If you or a loved one has been injured, do not settle for less than you deserve. Contact Kanoski Bresney today at 888-826-8682 to schedule a free consultation.