The Most Critical Evidence in Your Car Accident Claim

 Posted on June 08, 2025 in Car Accidents

Being involved in a car accident is guaranteed to ruin your day. However, the adverse effects of a car accident can last much longer than a single day. Depending on the extent of your injuries, you may be unable to return to work and make a living for weeks, months, or even years. Your injuries from the car accident could require ongoing medical treatment and could potentially even result in partial or total disability.

When another driver causes a car accident through his or her negligence, then that driver – or his or her insurance – should be responsible for your damages. In order to ensure you receive a full and fair settlement for your damages, it is essential that the evidence backs your version of the accident since proving fault is the bedrock of a solid car accident claim.

Evidence can come in various forms, including witness statements, medical records, police reports, videos, and other types of physical evidence. Having assistance in the form of a highly experienced legal advocate can make the process both faster and simpler. When you have a Joliet, IL personal injury lawyer, a positive resolution is more likely because your attorney knows what evidence is necessary to prove your damages.  

Evidence Credibility is Extremely Important

Insurance adjusters will look at key elements to determine whether the evidence provided is reliable and credible. Any evidence gathered immediately after the accident is likely to carry more weight than evidence that is submitted weeks later.

Medical records should align with the injuries reported, and witness statements must mirror the plaintiff’s version of the accident. If the evidence comes from a neutral third party, it is likely to carry much more weight than the account from the plaintiff or defendant.  

Beware of These Evidence "Red Flags"

Insurance companies know what to look for in an auto accident claim that could potentially negate the plaintiff’s statement regarding how the accident occurred. Some of these warning signs include:

• A plaintiff who delayed medical care or has clear gaps in his or her medical treatment following the accident
• A prior history of car accidents on the part of the plaintiff
• Conflicting stories from those involved in the accident
• Damages to the vehicles involved that are not supported by the plaintiff’s version of the accident

Social Media and Other Digital Information Can Be Used as Evidence

Those involved in a car accident should refrain from using social media. Insurance companies are allowed to check social media posts to look for photos of the plaintiff engaged in physical activities that do not match his or her stated injuries from the accident.

Many people are shocked to know that insurance adjusters can access vehicle computer data, smartphone records, and other digital evidence to verify claim information. Any inconsistency between electronic records and reported events can harm the credibility of the claim.

What is the Most Important Evidence for a Car Accident Claim?

A police report provides a formal summary of the car accident, including weather conditions, road obstacles, and witnesses. If one driver was cited, this is beneficial for the other driver when filing a claim for damages. A police report is often the foundation of the case on which the rest of the case can be built. Photos taken by the plaintiff following the car accident can be invaluable.

It is essential to photograph not only the vehicles but also a wider view that includes road conditions, skid marks, potholes, and other relevant details. Local businesses may have footage of the accident from their security cameras, which could be invaluable. Most newer cars have an event recorder (black box) that records the speed of the vehicle at the time of the crash, any hard braking events, and whether a safety belt was in use.

Contact a Will County, IL Car Accident Attorney

If you have been involved in a car accident caused by another’s negligence, it is important that you have a Joliet, IL car accident lawyer from McNamara Phelan McSteen, LLC by your side. We are a mid-sized, results-driven law firm with specific experience in different fields. Call 815-727-0100 to schedule your free consultation.