What to Do After a Car Accident in Illinois: Step-by-Step Checklist (2026)

# What to Do After a Car Accident in Illinois: Your Complete Checklist

> **QUICK SUMMARY — After an accident in Illinois:**
> 1. Check for injuries and call 911
> 2. Move to safety
> 3. Exchange information — do not admit fault
> 4. Document the scene (critical under the new 50% fault bar)
> 5. Report if $1,500+ damage (within 10 days)
> 6. Notify your insurance company
> 7. Seek medical attention

**Important 2023 change:** Illinois shifted to a **50% fault bar** — at exactly 50% fault, you now recover nothing. Documentation is more important than ever.

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## Step 1 — Check for Injuries and Call 911

– Check yourself and passengers
– Call 911 if anyone is hurt
– Do not move seriously injured people unless immediate danger
– Illinois law requires stopping and rendering aid

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## Step 2 — Move to Safety

– Move vehicles to the shoulder if safe and drivable
– Turn on hazard lights
– Stay out of traffic lanes

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## Step 3 — Exchange Information

Collect from the other driver:
– Full name, contact info, driver’s license number
– Insurance company and policy number
– License plate number, vehicle details

Get witness names and phone numbers.

**Do not admit fault.** Under the new 50% bar, even a 50/50 split means you recover nothing.

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## Step 4 — Document Everything

– Photos of all vehicle damage from multiple angles
– Road conditions, traffic signs, signals, skid marks
– License plates, weather conditions
– Your injuries
– **Check if either driver was using a phone** — Illinois’s distracted driving law (SB 288) makes handheld use a primary offense

Write down time, date, location, and your detailed account.

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## Step 5 — File a Report

### When Required
– Property damage exceeds **$1,500** (higher than most states)
– Anyone is injured or killed

### Deadline: 10 days

### How
– Call 911 at the scene for a police report
– File with IDOT if no officer responded

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## Step 6 — Notify Your Insurance Company

– Contact your insurer promptly
– Stick to facts
– Illinois is a **fault state** — the at-fault driver’s insurance pays
– Illinois requires UM/UIM matching your liability limits (unless you rejected it in writing)

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## Step 7 — Seek Medical Attention

– See a doctor even if you feel fine
– Delayed injuries: whiplash, concussions, internal injuries
– Medical records link injuries to the accident

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## Your Rights Under Illinois Law

– **Fault state** — at-fault driver pays
– **Modified 50% bar** — at 50%+ fault, you recover nothing (changed in 2023)
– **Statute of limitations:** 2 years PI, 5 years PD
– **Minimum insurance:** 25/50/20
– **Dram Shop Act:** May allow claims against bars that served a drunk driver

Full guide: [Illinois Car Accident Laws](/illinois/car-accident-laws/)

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## What NOT to Do

– Do not leave the scene
– Do not admit fault (the 50% bar makes this especially critical)
– Do not post on social media
– Do not use your phone while driving — it is a primary offense in Illinois
– Do not accept the first settlement offer
– Do not skip medical treatment

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## Frequently Asked Questions

### What changed about Illinois fault law in 2023?
Illinois shifted from 51% to **50% bar**. At exactly 50% fault, you now recover nothing.

### Why is the reporting threshold $1,500?
Illinois has the highest reporting threshold among the 10 states on this site. Accidents under $1,500 in damage do not require a DMV report, though a police report is still recommended.

### How long do I have to file a lawsuit?
**2 years** for personal injury, **5 years** for property damage.

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## Related Guides

– [How to File an Insurance Claim in Illinois](/illinois/insurance-claim/)
– [Do You Need a Lawyer After a Car Accident in Illinois?](/illinois/do-i-need-a-lawyer/)
– [Illinois Car Accident Laws](/illinois/car-accident-laws/)

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**DISCLAIMER:** This website is not a law firm and does not provide legal advice. This page provides general educational information only. Always consult a licensed attorney in your state for advice specific to your situation. This is not medical advice. If you have been injured, seek immediate medical attention. Last updated: March 2026.