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

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 modified comparative fault rule)

5. Notify police promptly when required; get the case number

6. Notify your insurance company

7. Get appropriate medical care for injuries or new symptoms

8. Consult an attorney if injuries are significant

Under 735 ILCS 5/2-1116, a claimant whose contributory fault is more than 50% is barred from recovering damages in the negligence action. At 50% or less, any damages allowed are reduced by that percentage. A 50/50 finding therefore permits half of the proven damages; it does not guarantee an insurance payment.

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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 an injury or fatal crash can lead to felony charges. Stop, obtain emergency help, and follow the reporting requirements; the applicable charge and penalty depend on the conduct and circumstances.

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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

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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

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Step 4 — Document Everything

Document the traffic signals, vehicle positions, and what witnesses actually saw. These records help answer a disputed fault allegation; the point of impact alone does not establish who had the right of way.

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.

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When Immediate Police Notice Is Required

When required:

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

If no officer is present, promptly notify the local police, county sheriff, or Illinois State Police by the fastest available means when the crash involves injury, death, or property damage exceeding $1,500; the property threshold is $500 if a vehicle required to have liability insurance is uninsured. Section 11-407 also covers specified school-bus crashes. Ask the responding agency for its report number and how to obtain a copy. Do not wait ten days to give required immediate notice.

How to Report

• At the scene: Call 911 and the responding officer will file a crash report
• Notify police promptly when required. If no officer is present, use the fastest available means. Obtain the case number and ask how to get the police report; do not wait for a ten-day personal IDOT filing deadline.
• 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.

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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:

1. File a third-party claim with the at-fault driver's insurance
2. File with your own insurance (collision for vehicle damage, MedPay for medical bills) and let your insurer pursue reimbursement (subrogation)
3. 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
• Check actual UM and UIM bodily injury limits and claim conditions; a rejection of higher limits does not eliminate Illinois’s minimum UM requirement.
• 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.

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Step 7 — Seek Medical Attention

Seek urgent care for urgent symptoms, and arrange appropriate evaluation for injuries or symptoms that appear after the crash.

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 modified comparative fault rule:

Describe symptoms and their timing accurately to your clinician. Follow the care plan and keep records of visits, restrictions, and missed work. Treatment should follow your medical needs; there is no universal Illinois 72-hour treatment deadline for an accident claim.

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.

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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% Boundary

The Illinois fault boundary concerns negligence damages sought from another responsible party. It does not automatically decide a claim under your own collision or medical-payments coverage.

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

Statute of Limitations

• Personal injury: 2 years (735 ILCS 5/13-202)
• Property damage: 5 years (735 ILCS 5/13-205)
• Wrongful death: 2 years from the date of death
• Public entities: check the entity, forum, immunity, and deadline promptly; many local-entity injury actions have a one-year period, while state claims use different procedures.

Minimum Insurance Requirements

• Bodily injury per person: $25,000
• Bodily injury per accident: $50,000
• Property damage: $20,000
• Check actual UM and UIM bodily injury limits and claim conditions; a rejection of higher limits does not eliminate Illinois’s minimum UM requirement.

Dram Shop Liability

An Illinois Dram Shop claim can involve an alcohol seller whose sale or provision of alcohol caused the person’s intoxication, with injury caused by that intoxicated person. Being served while already visibly intoxicated is not a universal prerequisite under Section 6-21. The claim has separate causation requirements, recovery limits, and a one-year filing rule. Preserve receipts, witnesses, and video, and obtain individual advice promptly.

Joint and Several Liability

Under 735 ILCS 5/2-1117, subject to its exceptions, all defendants found liable are jointly and severally liable for past and future medical and medically related expenses. For other damages, a defendant below 25% of the fault measured under that section is severally liable; at 25% or more, the defendant is jointly and severally liable for those damages too. Multi-party allocation needs individual review; the claimant cannot collect the same loss twice.

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Common Mistakes to Avoid After an Illinois Car Accident

1. State what you observed accurately. If an insurer disputes fault, request the percentage and supporting evidence in writing before responding.
2. Check actual UM and UIM bodily injury limits and claim conditions; a rejection of higher limits does not eliminate Illinois’s minimum UM requirement.
3. Using your phone while driving — Handheld phone use is a primary offense that can shift fault to you
4. Skipping medical treatment — Insurance adjusters use gaps in treatment to argue injuries are unrelated to the crash
5. Posting on social media — Anything you post can be used against you during fault determination or settlement negotiations
6. Accepting the first settlement offer — Initial offers are typically far below the actual value of your claim
7. Not investigating Dram Shop claims — If the at-fault driver was intoxicated, there may be additional recovery available from the establishment that served them
8. Giving a recorded statement to the other driver's insurer — You are not required to, and it rarely helps your case
9. 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

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

Claims involving a public vehicle or dangerous road need an early check of the responsible entity, immunity, forum, and deadlines. Many injury actions against a local public entity or its employee have a one-year period under 745 ILCS 10/8-101. Claims against the State of Illinois can follow a different Court of Claims process. Do not assume a city, transit authority, and the state share one deadline or procedure.

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 if the other driver was uninsured?

Check your policy’s uninsured motorist bodily injury limits. Illinois requires at least $25,000 per person and $50,000 per accident. Additional UM limits generally match bodily injury liability limits unless properly rejected in writing; UIM is required when UM exceeds the minimum. Coverage, exclusions, and claim conditions still matter. For vehicle damage, check collision or separate uninsured motorist property-damage coverage.

Can the modified comparative fault rule be avoided?

The negligence rule cannot be waived by better documentation. At exactly 50% contributory fault, allowed damages are reduced by half; above 50%, recovery is barred. Evidence helps challenge an incorrect allocation, but it cannot guarantee a percentage or payment.

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Related Guides

• How to File an Insurance Claim in Illinois
• Do You Need a Lawyer After a Car Accident in Illinois?
• Illinois Car Accident Laws

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Get Help With Your Illinois Claim

If responsibility, serious injuries, a release, or a deadline makes the decision difficult, contact an Illinois-licensed attorney directly. Ask what the consultation covers and costs, how any contingency fee is calculated, and who pays expenses if the claim does not succeed. This site does not arrange representation.

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 modified comparative fault rule (any plaintiff more than 50% 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.

Find independent legal-help resources and confirm fees directly with the provider.

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