Will I Be Blamed for Fault in an Accident if I Didn't Service My Car?

 Posted on April 28, 2026 in Car Accidents

You just got hurt in a car accident that wasn’t your fault, and in addition to the general worries about insurance and how fault will be assigned, one thought keeps nagging at you: you haven’t gotten your car serviced in a long time. Is it possible that this will negatively impact how much compensation you could recover?

The answer is that it may, but you don’t need to jump straight to panicking. The actual decision is determined by what kind of condition your car was in generally before the accident, and whether your lack of upkeep had any actual effect on how the accident played out. A Lake County personal injury lawyer can help you understand what you can do to minimize its impact.

Can an Opposing Lawyer Use Your Car's Condition Against You After an Accident?

In Illinois, fault for personal injury cases determines whether and how much compensation someone can recover. The modified comparative fault rule under 735 ILCS 5/2-1116 allows people to recover damages even if they had some fault in an accident. This holds as long as the person wasn’t more than 50 percent at fault.

Because of this, the insurance company and the opposition’s legal team will want to shift as much fault to you as possible. If the defense can make a compelling argument that a specific problem with your car directly contributed to the crash – for example, that you would have been able to avoid the accident if your brake pads weren’t so worn out – it’s possible that the amount of damages you can recover will be reduced. If your actions contributing to the accident total more than 50 percent fault, the other person’s insurance won’t be obligated to pay you anything.

What Kinds of Maintenance are Most Relevant to an Illinois Car Wreck?

Not every missed service appointment will move the fault needle. For a maintenance issue to affect fault, there needs to be a logical, provable link between that specific problem and the actual accident that happened. Issues that could plausibly factor in include:

• Severely worn or failed brakes in a rear-end or intersection collision

• Bald or dangerously underinflated tires in a crash involving loss of traction

• Broken headlights or taillights in a low-visibility or nighttime accident

• Known steering problems that affected your ability to control the vehicle

Some missed oil changes or tires that still have traction but could use a rotation won't make it look like you caused or contributed to a crash. The defense needs to be able to draw a throughline between the accident and the issues you failed to address.

What Will the Defense Look At to Prove Fault or Not?

If the other attorney suspects your car's condition is relevant, the evidence they might use can include:

• The police report of the accident

• Inspection of the vehicle before and after the crash

• Repair records (or lack thereof)

• Statements you made at the scene or shortly after to insurance adjusters

• Expert testimony from mechanics or accident reconstruction specialists

This is one reason to be careful about what you say to police and insurance representatives before speaking with an attorney. A casual comment about your brakes feeling "a little soft lately" can become part of the defense's argument.

What Can You Do to Protect Yourself Legally After a Car Accident?

The strongest thing you can do after an accident is get legal advice before engaging with the other person’s insurance company. An attorney can evaluate whether any maintenance-related argument has real merit, push back on fault assignments that aren't supported by evidence, and make sure you're not accepting less than you're owed because of pressure tactics.

It also helps to gather your own evidence early. This includes photos of the scene, witness contact information, and your own vehicle records if they support your case.

Call a Cook County, IL Car Accident Lawyer Today

If someone is trying to pin an accident on your car's condition in 2026, you should get professional legal help. Our Lake County personal injury attorneys at Barrington Injury Attorneys offer free consultations to help you understand your options. We are a branch of Lucas Law. Call Barrington Injury Attorneys at 224-900-HURT today.