The other driver's insurer will try to put part of the blame on you — that's not a possibility, it's the plan. Even in a clear rear-end or a plainly-run red light, the adjuster's job is to argue you were partly responsible, because in Illinois every percentage of fault they hang on you cuts what they have to pay. If they can push your share past half, they pay nothing. Understanding that game is the first step to not losing it.
I'm Scott DeSalvo, and I've spent almost 30 years handling crash cases throughout DuPage County. Whether you were hit on Irving Park Road, Wood Dale Road, or near the expressways feeding O'Hare, my job is to pin the fault where it belongs and make the responsible insurer pay what your case is worth. The first call is free.
Illinois uses modified comparative negligence: if you're not more than 50% at fault, you can recover, but your compensation is reduced by your share of the blame — and if they push you over that line, you get nothing. So the adjuster looks for anything to pin on you: you were speeding, you could have avoided it, you weren't paying attention. Fighting that fault allocation with real evidence — the crash report, the scene, the witnesses, the vehicle damage — is one of the most valuable things a lawyer does on a car case.
Adrenaline hides injuries. You feel shaken but okay at the scene, so you say you're fine — and days later your neck or back tells a different story. By then the insurer has your own words on record, and they'll use them. Neck, back, and head injuries commonly surface a day or two after impact, so see a doctor promptly even if you feel alright, and let the medical records speak for your injuries instead of a comment at the roadside.
The adjuster who calls sounding concerned is working to pay you less. They want an early recorded statement, questions built to trap you, and a quick lowball offer before your injuries are clear. You are not required to give the at-fault driver's insurer a recorded statement, and you generally shouldn't. Tell them your lawyer will be in touch, and let me handle those calls.
The at-fault driver's insurer doesn't pay your medical bills as you go — it pays once, at the end, if it pays fairly, leaving the bills to you in the meantime. If you carry Medical Payments coverage, it pays your treatment regardless of fault, and your health insurance can absorb the remainder. If the driver had no insurance or too little, your uninsured/underinsured motorist coverage may step in. I comb every policy to find what's available.
Bottom line: the damage to your car is the least important number in the case — don't let anyone settle it as if it's the whole story.
Two worries stop injured workers from calling a lawyer, and both are misplaced. First, the cost: in Illinois, a workers' comp attorney's fee is capped by law at 20% of the recovery — you pay nothing up front, and studies consistently show represented workers net more even after the fee. Second, the fear of getting fired: it's illegal in Illinois to fire or retaliate against you for filing a legitimate claim, and if it happens, you have a separate case for it.
Bottom line: comp is a right you earned, not a favor — and the deadline to protect it (three years, with that 45-day notice) starts running the day you're hurt.
Call me and tell me what happened. I'll tell you honestly whether you have a case, fight the fault game the insurer is playing, find every policy that applies, and charge you nothing unless I win. You pay nothing out of pocket.
I'm reachable any time, day or night. Call 312-500-4500.
A car crash may not be your only claim. For the complete picture of how I help injured people here, start with my Wood Dale Personal Injury Attorney page.
"Scott is absolutely fantastic. He will always go the extra mile for his clients. They always take the time to return phone calls at all hours and I highly recommend him to all my friends."
-Melissa Brooks
"Great people and Scott's a great lawyer. They helped me make the wisest decision for my case, and that's important in serious legal matters. I trust him completely. He is the one to call."
-Tony Skvarenina
"Beyond satisfied with the services I received from this law firm. Definitely recommend! They got me fully paid and all the doctor bills, too. If you want the best, this is the law firm for your injury case!"
-Cynthia Rodriguez
"Scott represented me and I was really pleased with everything, my car accident paid a lot and quick. If you want a good Lawyer who is responsive, and straight with you, I highly recommend him."
-Greg Garcia
Not necessarily. Under Illinois's modified comparative negligence rule, you can still recover as long as you weren't more than 50% at fault — your compensation is just reduced by your share. Insurers push hard to inflate your share because it saves them money, so fighting that allocation with solid evidence is a core part of what I do.
Generally two years from the date of the crash under Illinois law. But evidence vanishes long before then — camera footage is overwritten, vehicles are repaired, and witnesses forget — and if a government vehicle was involved, the deadline can be much shorter. Calling early protects both the proof and your claim.
No. You're not required to give the at-fault driver's insurer a recorded statement, and it usually helps them more than you. Their adjusters ask questions designed to lock in answers they can use to cut your claim. Decline politely, tell them your lawyer will follow up, and let me handle those calls.
Possibly. Insurers argue that minor damage rules out injury, but that's not how the body works — real neck and back injuries happen at low speeds. Your medical evidence decides the claim, not the condition of your bumper. Don't let an adjuster talk you out of a genuine injury.
Nothing unless we win. I work on contingency — my fee, 33 1/3% (or 40% if the case goes into litigation), comes only from what I recover for you, and I advance the costs. If we don't win, you owe nothing.
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
No Fee Unless You Win | Free Consultation | 24/7 Availability Call or Text: (312) 500-4500
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Main Office:
1000 Jorie Blvd Ste 204
Oak Brook, IL 60523
New Cases: 312-500-4500
Office: 312-895-0545
Fax: 866-629-1817
service@desalvolaw.com
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