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 within 72 hours

8. Consult an attorney if injuries are significant

Important 2023 change: Illinois shifted to a modified 50% fault bar — if you are assigned exactly 50% fault, you now recover nothing. Documentation has never been more important.

Step 1 — Check for Injuries and Call 911

Safety comes first. Before thinking about insurance or fault, address injuries.

Check yourself and all passengers for injuries
Call 911 immediately if anyone is hurt or if there is any doubt about injury severity
Do not attempt to move seriously injured people unless they face immediate danger such as fire or oncoming traffic
Illinois law (625 ILCS 5/11-401) requires you to stop at the scene and render reasonable aid
Stay on the line with the 911 dispatcher and follow their instructions
Wait for emergency services to arrive before leaving the scene if injuries are involved

Calling 911 also triggers an official police report, which is valuable evidence for your claim. Even for minor property-damage-only accidents, a police report significantly strengthens your position during the insurance process.

Leaving the scene of an accident involving injury or death is a Class 4 felony in Illinois, punishable by up to 3 years in prison.

Step 2 — Move to Safety

Once injuries have been assessed, focus on preventing secondary crashes.

Move drivable vehicles to the shoulder, a nearby parking lot, or any area off the travel lanes
Turn on hazard lights immediately
If the vehicle cannot be moved, stay inside with seatbelts on and hazard lights flashing
Set up flares or reflective triangles if available, especially on high-speed roads like I-90, I-94, I-55, and the expressways around Chicago
Stay out of active traffic lanes — secondary collisions at accident scenes are a major risk, particularly in the Chicago metro area where traffic density is high

Step 3 — Exchange Information

Once the scene is safe, collect the following from every other driver.

From each driver:

Full name, address, and phone number
Driver’s license number and state of issuance
Insurance company name and policy number
License plate number
Vehicle make, model, year, and color

From witnesses:

Names, phone numbers, and a brief description of what they observed
Ask if they are willing to give a written statement

From the responding officer:

Name, badge number, and department
Crash report number or case reference number

Critical: Do not admit fault. Under Illinois’s modified 50% fault bar (735 ILCS 5/2-1116, as amended in 2023), a 50/50 fault split means neither party recovers. Before 2023, a driver at exactly 50% fault could still recover damages. That is no longer the case. Even a casual “I’m sorry” can shift fault percentages enough to eliminate your claim entirely.

Step 4 — Document Everything

Under Illinois’s stricter fault rule, proving the other driver bore the majority of the blame is essential. Thorough documentation at the scene is your strongest tool.

Photograph and video:

All vehicle damage from multiple angles (close-up and wide shots)
The overall accident scene showing vehicle positions and the road layout
Road conditions: potholes, wet pavement, ice, snow, construction zones
Traffic signs, signals, stop lines, and lane markings
Skid marks, debris patterns, and broken glass
All license plates of involved vehicles
Weather and lighting conditions
Any visible injuries (bruises, cuts, swelling)

Check if either driver was using a phone. Illinois law (625 ILCS 5/12-610.2) prohibits handheld phone use while driving, making it a moving violation. If the other driver was holding a phone at the time of the crash, this can increase their fault percentage.

Write down:

Exact time, date, and location (street names, intersections, highway mile markers)
Your detailed account of what happened, in chronological order
Direction and approximate speed of each vehicle
Traffic density and road conditions
Names of nearby businesses or buildings that might have exterior surveillance cameras

Preserve all dashcam footage immediately. If you saw the other driver texting, running a red light, or driving erratically, document these observations as soon as possible.

Step 5 — File a Report

Reporting Threshold: $1,500 — The Highest Among Major States

Illinois has the highest reporting threshold among the major states covered on this site.

When required:

Property damage exceeds $1,500, OR
Anyone is injured or killed

Deadline: 10 days from the date of the accident.

How to Report

At the scene: Call 911 and the responding officer will file a crash report
If police did not respond: File a report with the Illinois Department of Transportation (IDOT) within 10 days. You can download the driver’s crash report form from IDOT’s website
Chicago: In the city of Chicago, you can also file at the nearest police district station

Even If Not Required

If your property damage is under $1,500 and no one was injured, filing a police report is still strongly recommended. A police report provides independent documentation of the accident that can be valuable during the insurance claims process.

Step 6 — Notify Your Insurance Company

Contact your insurance company as soon as possible — ideally within 24 to 48 hours.

When calling your insurer:

Stick to the facts of what happened
Do not speculate about fault or exaggerate any injuries
Provide the police report number if available
Report all damage and injuries honestly and completely

Illinois is a fault state. The driver who caused the accident is responsible for paying damages. You have three options for pursuing compensation:

File a third-party claim with the at-fault driver’s insurance
File with your own insurance (collision for vehicle damage, MedPay for medical bills) and let your insurer pursue reimbursement (subrogation)
File a lawsuit against the at-fault driver if a fair settlement cannot be reached

Important Coverage Details for Illinois

Liability coverage (25/50/20 minimum): Pays for damages you cause to others
UM/UIM coverage (required): Illinois mandates that insurers offer UM/UIM coverage matching your liability limits. It is automatically included unless you specifically rejected it in writing. This is your protection against uninsured drivers
MedPay (optional but recommended): Covers your medical expenses regardless of fault — particularly valuable in Illinois since there is no PIP requirement
Collision (optional): Pays for your vehicle damage regardless of fault

Do not give a recorded statement to the other driver’s insurance company without understanding your rights. Their adjuster’s goal is to minimize the payout.

Step 7 — Seek Medical Attention

See a doctor within 72 hours of the accident, even if you believe you are uninjured.

Many car accident injuries have delayed onset:

Whiplash: Neck and shoulder pain may not appear for 24-48 hours
Concussions: Headaches, confusion, and memory issues can develop gradually
Internal bleeding: May have no external signs but can be life-threatening
Herniated discs: Back pain frequently worsens over days or weeks
Soft tissue injuries: Sprains and tears may be masked by the adrenaline response at the scene

Why medical documentation matters under Illinois’s 50% bar:

Under the stricter fault rule, insurance adjusters aggressively argue that delayed treatment means injuries were not caused by the accident. Continuous, documented medical care creates a clear link between the crash and your injuries. Without it, your claim for damages can be significantly reduced or denied.

Visit an emergency room, urgent care, or your primary care physician. Follow all recommended treatment plans and maintain a complete file of every medical record, bill, prescription, and therapy session.

Your Rights Under Illinois Law

Fault System

Illinois is a traditional fault/tort state. There is no PIP (Personal Injury Protection) requirement. The at-fault driver is responsible for paying damages.

Modified Comparative Fault — The 50% Bar (2023 Change)

Under 735 ILCS 5/2-1116, as amended by Public Act 102-0489 (effective January 1, 2023):

At 49% or less fault: Recover damages, reduced by your fault percentage
At 50% or more fault: Recover nothing

This is stricter than the old rule. Before 2023, Illinois used a 51% bar — a driver at exactly 50% fault could still recover 50% of their damages. Under the current rule, they recover nothing.

Example: If your damages total $100,000 and you are 30% at fault, you recover $70,000. At 50% fault, you recover $0.

Statute of Limitations

Personal injury: 2 years (735 ILCS 5/13-202)
Property damage: 5 years (735 ILCS 5/13-205) — the longest PD deadline among major states
Wrongful death: 2 years from the date of death
Government entity claims: 1 year

Minimum Insurance Requirements

Bodily injury per person: $25,000
Bodily injury per accident: $50,000
Property damage: $20,000
UM/UIM: 25/50/20 (must match liability unless specifically rejected)

Dram Shop Liability

Illinois has a powerful Dram Shop Act (235 ILCS 5/6-21) that allows accident victims to sue bars, restaurants, and liquor stores that served alcohol to a visibly intoxicated person who then caused an accident. This can provide a significant additional source of recovery beyond the at-fault driver’s insurance limits.

Joint and Several Liability

Under 735 ILCS 5/2-1117, a defendant who is 25% or more at fault can be held responsible for all of the plaintiff’s medical expenses. This is particularly relevant in multi-vehicle accidents or cases involving commercial vehicles.

Common Mistakes to Avoid After an Illinois Car Accident

Admitting fault at the scene — With the 50% bar, a fault assignment of exactly 50% eliminates your entire claim. The margin for error is razor-thin
Assuming small accidents do not need reporting — Illinois has the highest reporting threshold ($1,500), but a police report is recommended for every accident
Not knowing about UM/UIM coverage — Many Illinois drivers do not realize they have UM/UIM coverage unless they specifically rejected it in writing
Using your phone while driving — Handheld phone use is a primary offense that can shift fault to you
Skipping medical treatment — Insurance adjusters use gaps in treatment to argue injuries are unrelated to the crash
Posting on social media — Anything you post can be used against you during fault determination or settlement negotiations
Accepting the first settlement offer — Initial offers are typically far below the actual value of your claim
Not investigating Dram Shop claims — If the at-fault driver was intoxicated, there may be additional recovery available from the establishment that served them
Giving a recorded statement to the other driver’s insurer — You are not required to, and it rarely helps your case
Waiting too long to act — The 2-year PI statute of limitations passes quickly, and evidence (dashcam footage, surveillance video, witness memories) degrades over time

Frequently Asked Questions

What changed about Illinois’s fault law in 2023?

Illinois shifted from a modified 51% bar to a modified 50% bar under Public Act 102-0489. Under the old rule, a driver at exactly 50% fault could still recover 50% of damages. Under the new rule, a driver at 50% or more fault recovers nothing. This makes Illinois’s fault rule as strict as Georgia’s.

Why is the reporting threshold $1,500 in Illinois?

Illinois has the highest accident reporting threshold among the major states covered on this site. Most states use $500 to $1,000. Accidents with less than $1,500 in property damage and no injuries do not require a report to IDOT. However, a police report is still strongly recommended for insurance purposes.

How long do I have to file a lawsuit in Illinois?

2 years for personal injury (735 ILCS 5/13-202) and 5 years for property damage (735 ILCS 5/13-205). The 5-year PD deadline is the longest among all major states. Claims against government entities have a shorter 1-year deadline.

Does Illinois require PIP insurance?

No. Illinois is a fault/tort state with no PIP requirement. Your medical bills after an accident are covered through the at-fault driver’s liability insurance, your health insurance, optional MedPay, or UM/UIM coverage if the at-fault driver is uninsured.

What is the Dram Shop Act and how does it affect car accident claims?

The Illinois Dram Shop Act (235 ILCS 5/6-21) allows victims to sue bars, restaurants, and liquor stores that served alcohol to a visibly intoxicated person who then caused an accident. This creates an additional source of recovery beyond the driver’s insurance policy, which is particularly valuable when the driver has low coverage limits.

What if the other driver was uninsured?

Your UM (Uninsured Motorist) coverage is your primary protection. Illinois law requires insurers to offer UM/UIM coverage matching your liability limits, and it is automatically included in your policy unless you specifically rejected it in writing. Check your declarations page — you likely have this coverage even if you do not remember selecting it.

Can the 50% fault bar be avoided?

No. The 50% fault bar is a statutory rule that applies to all negligence claims in Illinois. However, strong evidence and thorough documentation can help ensure your fault percentage stays below the critical 50% threshold. This is why scene documentation and witness information are so important.

Related Guides

Get Help With Your Illinois Claim

If you were in a car accident in Illinois and need legal guidance, a local attorney can evaluate your case at no cost. Most personal injury lawyers work on contingency — you pay nothing unless they recover money for you.

When Professional Help Tends to Make Sense

Most minor accidents in Illinois are resolved between the drivers and their insurance companies without ever involving an attorney. Many accident victims, however, consider consulting an attorney when one or more of the following applies to their situation:

A fatality occurred, or a wrongful-death claim may be involved
Medical bills are already in the tens of thousands of dollars, or still growing
There is a permanent injury, visible scar, or any sign of traumatic brain injury (TBI)
The insurance company’s first settlement offer feels far below your actual costs
The insurance company is arguing that your injuries are pre-existing, or trying to shift primary fault onto you despite the evidence
Multiple vehicles or multiple parties are involved and liability is unclear
Fault is disputed — especially relevant given Illinois’s 50% bar modified comparative fault rule (any plaintiff 50% or more at fault recovers nothing)
The Illinois statute of limitations for personal injury (2 years from the accident) is within six months
A government vehicle, commercial truck, or rideshare driver is involved
The other driver was uninsured, underinsured, or fled the scene (hit-and-run)

If none of these apply to your situation, you may be able to settle directly with the insurance company. The other guides on this site walk through that process step by step.

Speak with a Free Car Accident Attorney

Reviewed by TurnYourClaim Editorial Team — Last verified: 2026-03-03

Sources: 735 ILCS 5/2-1116 (Comparative Fault); 625 ILCS 5/7-601 (Financial Responsibility); Public Act 102-0489 (2023 Comparative Fault Amendment); IDOT Crash Data

DISCLAIMER: This website is not a law firm and does not provide legal advice. This page provides general educational information only. Laws change frequently, and this information may not reflect the most current legal developments. 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: May 2026.