How a Simple Apology Could Hurt Your Car Accident Claim

 Posted on November 05, 2025 in Car Accident

After a car accident, saying "sorry" might be your natural reaction in the moment. However, that single word can have major legal consequences. In fact, many people do not realize how one word could hurt your legal case until it is too late. Learning how to handle these situations is important for protecting your rights. If you have been involved in a collision, speaking with experienced Rolling Meadows, IL car accident lawyers can help you avoid costly mistakes and protect your right to full compensation.

Why Saying "Sorry" Can Be Seen as Admitting Fault

You might think that apologizing after a crash is good manners, but it may be taken as an admission of guilt when you are trying to recover damages. Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. This means that you cannot collect damages if you are more than 50 percent responsible for the crash. Even if you are less than 50 percent at fault, your compensation is typically reduced by your percentage of responsibility. A simple apology could be used as proof that you accepted blame, even if you were only trying to show concern.

Insurance Companies Use Your Words Against You

Insurance companies often look for reasons to lower or deny claims. If an apology, no matter how innocent, is documented, they can use it to challenge your version of events. During settlement talks or in court, the other driver’s lawyer may argue that your apology shows you were at fault. This can make it much harder to recover compensation for medical costs, property damage, or lost wages.

Under 625 ILCS 5/11-401, you have to stop and exchange insurance information after a crash that causes injury or property damage. However, you are not required to discuss who was at fault. The best step is to share only basic facts and then let your attorney handle communication with the insurance company.

What To Avoid Saying After a Car Accident in Illinois

Often, it is best to avoid talking about the crash with anyone other than the police before speaking to an attorney. Certain phrases can be misunderstood and used against you later in your case. For example, some phrases that you want to avoid include:

• "I am sorry."

• "It was my fault."

• "I did not see you."

• "I was going too fast."

• "I am fine."

• "I should have been paying more attention."

Staying calm and limiting what you say can help you protect your rights until all the facts are clear.

How Is Fault Determined for an Illinois Car Accident Claim?

The police, the insurer, the other driver’s lawyer, and your attorney can all conduct individual investigations to determine fault. In that process, they may look at police reports, traffic laws, photographs, and witness statements to decide who caused the crash. Violating any traffic laws is a common indication of fault, especially if that violation directly caused the accident. For example, speeding, running a red light, or failing to yield the right of way can all demonstrate negligence and play a major role in proving liability for the collision.

Schedule a Free Consultation With an Arlington Heights, IL Car Accident Attorney

After a collision, what you say can change the course of your case. At Newland & Newland, LLP, our experienced Rolling Meadows, IL car accident lawyers provide trusted guidance and strong representation for injury victims. With many decades of combined experience and millions of dollars recovered in successful verdicts, our team is committed to helping you pursue the justice and compensation you deserve. Call us today at 847-797-8000 to schedule a free consultation. We can provide services in English, Spanish, and Cantonese.