How Can I Win My Chicago Car Accident Sideswipe Case?

Why Insurance Companies Love to Lowball Sideswipe Cases — And How We Fight Back

Sideswipe accidents are some of the most undervalued cases in personal injury law, and it's not by accident. Insurance companies have figured out that if they can convince you — and eventually a jury — that a sideswipe is a "minor" accident, they can pay you a fraction of what your injuries are actually worth. After close to 30 years of handling car accident cases in Chicago, I know exactly how they play this game, and I know how to beat them.

The insurance company's playbook in every sideswipe case starts with the vehicle damage. They'll pull up the repair estimate, see that the damage was a scraped fender and a cracked mirror, and argue that there's no way a collision that minor could have caused a herniated disc or a torn rotator cuff. They'll hire a biomechanical engineer who will testify that the forces generated in the collision were "insufficient" to cause serious injury. It sounds scientific and impressive, but it's junk science designed to deny your claim.

Here's what the biomechanical engineer conveniently ignores: the human body doesn't respond to collisions the same way a car does. Your car is designed to absorb impact. Your spine is not. A sideswipe at 40 miles per hour on the Kennedy Expressway generates a sudden lateral force that whips your body sideways. Your neck snaps to one side. Your shoulder slams against the door. Your hands death-grip the steering wheel, transferring force directly into your wrists, elbows, and shoulders. The car might walk away with a $2,000 repair bill. You might walk away with a $50,000 surgery.

The other thing insurance companies exploit in sideswipe cases is the fault dispute. Sideswipes often happen during lane changes on busy Chicago roads — the Eisenhower, the Dan Ryan, Lake Shore Drive, the Kennedy. Both drivers claim the other one drifted. Without independent evidence, the insurance company uses the dispute to argue shared fault and reduce your settlement. That's why preserving evidence early is absolutely critical.

If you've been in a sideswipe accident, here's what you need to do immediately. First, call the police and get a report. Second, take photos — not just of your car, but of both cars, the road, the lane markings, and any skid marks or debris. Third, look for witnesses and get their contact information. Fourth, check whether any nearby businesses or traffic cameras might have captured the accident. Fifth, do not tell the other driver's insurance company that the accident was "minor" or that you're "feeling okay." Those words will haunt you for the rest of your case.

We handle sideswipe cases the same way we handle every car accident case — by building the evidence, documenting the injuries, and preparing for trial so the insurance company knows we mean business. If you were sideswiped in Chicago and you're dealing with pain, numbness, headaches, or any other symptoms, call us at 312-500-4500. We'll make sure the insurance company treats your injuries as seriously as they deserve.

Do Not Skip Follow-Up Care

The other thing that really comes to mind is that, if you've been involved in a crash like this, if you went to the hospital and that's it and you feel great, that's fantastic. It's a small case or claim, but a lot of people delay getting follow-up care. They either don't go to the hospital or they don't get follow-up care after a car accident. Any delay in treatment insurance company love it because if there's a delay in treatment they say, number one, "How bad could he be hurt?" number two, "If there's a gap in treatment is there some mysterious injury we don't know about?". And "Is he just trying to get paid on the car crash case?".

I've been doing this for 20 years I've never had that actually be true. But it's an excuse that they give to the jury and it creates doubt. So if you're hurt or you have ongoing problems, at least go to your family doctor or the neighborhood clinic to get the complaints documented so that there's not a huge treatment gap.

I feel like a lot of people, myself included, when I was in a car crash I put off going to the doctor because I was worried, it's just heinous but I was like "Oh like I'm being dramatic, I don't want to stir the pot" which was ridiculous. Nice people don't want to hire a lawyer, nice people don't want to get anybody in trouble.

However, the thing is, you get one life on this earth and one body and you have to protect yourself, and even if you are being nice and you do not want to make it a big deal, the insurance companies are soulless and they will look at the bottom line. If they can come up with a defense, even if they're sure it's BS, they're going to do it, and they're going to use it to either deny your case or offer you way less money than it's worth.

Make A Police Report

The last thing I wanted to bring up is, If you're in a car crash, especially if you suspect any injury at all, even a minor injury, definitely make a police report. First, if you're in a crash you're supposed to make a police report, under the law. A lot of people don't do it but especially if you've been injured, here's what a lot of people don't know about car crash cases. One of the first things injury lawyers do after a car crash when they sign up the case, is they get the police report. Why? I'll tell you why.

It identifies the driver of the other car, the owner of the other car, any witnesses to the crash, and it also discloses insurance information. That makes it so much easier to win your case. I need to know that stuff, if I don't know who hit you, we could still do what's called an Uninsured Motorist Claim, if it's a hit-and-run and you have insurance but the police report is a big deal because the police will obtain the owner of the car, the driver of the car, the insurance information, and that's essential info.

Here's what happens when people get into a crash, the last thing in the world they're thinking about is writing down all the details, especially if they're hurt. Which is why if you've had a crash, definitely make a police report and get a copy of it or at least get the report number and the agency. Here's the thing I'm like you, in my private life, I don't want to go to the doctor, I don't want to make a report, I don't want to get anybody in trouble.

However, here's the thing, these folks are in their car doing what they're supposed to do, somebody smashes into them and there's a doctor bill involved. Who should be responsible for it? Should they eat it or should the guy who's being careless and causes the injury be responsible? It's like when you go to a little store and they got that sign you break it, you buy it.

So same concept, you broke the glass unicorn, you knocked it off the shelves, guess what? You just bought the glass unicorn.

Frequently Asked Questions: 

Q1: What is a sideswipe accident and how does it happen?

A sideswipe accident occurs when the sides of two vehicles traveling in the same or opposite direction make contact. The most common causes are unsafe lane changes, drifting out of a lane due to distraction or drowsiness, merging without checking blind spots, and drivers who are texting or looking at their phones. On Chicago expressways and multi-lane roads, sideswipe accidents happen constantly — and at highway speeds, they can be devastating.

Q2: Are sideswipe accidents serious enough to file a lawsuit?

Absolutely. People tend to dismiss sideswipes as minor because the vehicles don't collide head-on, but sideswipe accidents can cause serious injuries. The sudden, unexpected jolt can cause whiplash, herniated discs, shoulder injuries from gripping the steering wheel, concussions from your head hitting the side window, and even spinal cord injuries if the sideswipe causes you to lose control and hit another vehicle or a barrier. Don't let anyone — especially an insurance adjuster — tell you a sideswipe is "just a scrape."

Q3: How do you prove who was at fault in a sideswipe accident?

Proving fault in a sideswipe can be tricky because both drivers may claim the other one drifted into their lane. We look at the police report, the location and angle of the damage on both vehicles, lane markings and road width, surveillance or dashcam footage, witness statements, and cell phone records that might show the other driver was distracted at the time of impact. An accident reconstruction expert can also analyze the physical evidence to determine which vehicle crossed the lane line.

Q4: What if the other driver says I was the one who changed lanes?

This is the classic "he said, she said" scenario in sideswipe cases, and it's exactly why evidence is so critical. The damage pattern on the vehicles often tells the story — transfer marks, scrape angles, and the location of damage can show which vehicle was moving laterally. Dashcam footage, if available, is the gold standard. Witness testimony from other drivers or passengers can also resolve the dispute. An experienced attorney knows how to piece together the evidence to establish who was really at fault.

Q5: How much is a sideswipe accident case worth in Chicago?

It depends on the severity of your injuries, not the severity of the vehicle damage. I've handled sideswipe cases with minimal car damage where the client had a herniated disc requiring surgery — those cases were worth six figures. Soft tissue injuries from a sideswipe might settle for $15,000 to $40,000. Disc herniations with injections could be $75,000 to $200,000. If surgery is needed, you're looking at $200,000 to $500,000 or more. Don't let the insurance company use the minor vehicle damage to lowball your claim. Call 312-500-4500.

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