Most advice online about what to do after a car accident in Illinois is out of date in the exact same way. Nearly every guide, including ones written by other Chicago law firms, still tells you to mail a written crash report to the state within 10 days. That requirement was repealed in 2021. The Illinois Department of Transportation says so directly on its own crash reporting page. If a page tells you to fill out an SR1B Illinois Motorist Report, it hasn’t been updated in years.
Here’s what actually matters, in the order it matters.
At the Scene
1. Stop and check for injuries
Illinois law requires you to stop. Turn on your hazard lights and check yourself, your passengers, and anyone else involved. If someone is hurt, call 911 before you do anything else. That matters both for their sake and because injuries from a crash don’t always show up right away.
2. Move to safety, if you safely can
If the car still runs and it’s safe to move, get it off the road. If it isn’t safe, or the car won’t move, stay buckled in until help arrives. More roadside deaths happen from a second vehicle hitting the first crash than most people expect. The AAA Foundation for Traffic Safety found that in nearly two-thirds of roadside worker deaths, the striking vehicle had already left its own lane before impact. Standing next to a disabled car on a shoulder is not automatically safer than staying inside it.
3. Don’t say it was your fault
Illinois uses what’s called modified comparative fault (735 ILCS 5/2-1116). In plain terms: if you’re found more than 50% at fault, you can’t recover anything. At 50% or less, you can still recover, just reduced by your share of the blame. An apology or a guess about what happened can become part of that calculation later, even something as small as saying “I didn’t see you.” Stick to exchanging facts, not opinions.
4. Exchange information
Get the other driver’s name, phone number, driver’s license number, license plate, and insurance company and policy number. Skipping this step causes real problems later if the other driver’s story changes.
5. Document everything you can
Photos and video hold up better than memory. Get the damage, the position of the vehicles, license plates, skid marks, road conditions, and anything relevant nearby, like a stop sign, a traffic signal, or a mile marker. If a business nearby has a camera pointed at the road, note it; footage like that gets overwritten within days, so it has to be requested fast. If there are witnesses, get their names and numbers before they leave.
6. Report it, if it meets the threshold
Under 625 ILCS 5/11-407, you (or the other driver, if no officer is present) have to report the crash to police by the fastest means available if anyone was hurt or killed, or if property damage is over $1,500 (or $500 if an uninsured vehicle is involved). That $1,500 line is lower than it sounds; a bumper cover and one sensor can clear it on a modern car. Separately, 625 ILCS 5/11-403 requires you to give your name, address, and vehicle registration to anyone involved, and to help arrange medical care if it’s needed.
If you’re in Chicago specifically: for a minor, damage-only crash, Chicago police often don’t send an officer to the scene. You may be expected to file what’s called a desk report in person at a police district. If you call, get told no one is coming, and just drive off, you can end up with no official report at all. That becomes a problem months later if the other driver’s insurer claims the crash never happened the way you describe it.
If It Was a Minor Accident
Not every crash needs an ambulance. If the damage is limited to a bumper, a scratch, or a cracked light, and everyone seems fine, you don’t need to treat it like a catastrophic injury case. Skipping the basics is still a mistake, though. Two things happen often with minor accidents: people skip medical care because they feel okay, and people accept a fast, low insurance offer to make the whole thing go away.
Both are risky for the same reason. Adrenaline hides pain. Whiplash symptoms can take hours or days to appear, and concussion symptoms commonly show up within 24 to 48 hours, sometimes later, without any loss of consciousness at all. Once you accept a settlement, that’s the end of the claim, even if a delayed injury shows up the following week. Get checked, document the visit, and don’t sign anything from an insurer until you know what you’re actually dealing with.
After You Leave the Scene
Get checked out, even if you feel fine
See a doctor or urgent care within a day or two. This does two things: it catches injuries before they get worse, and it creates a medical record tied to the date of the crash, which matters if you need to prove later that your injury came from this accident and not something else.
Call your own insurance company first
Report the crash to your own insurer promptly. Most policies require it, and late notice can give them grounds to argue they were prejudiced in investigating your claim. This isn’t about fault. Your collision coverage, if you carry it, can pay for repairs regardless of who caused the crash, and your uninsured/underinsured motorist coverage only helps you if they know about the accident.
Don’t give a recorded statement to the other driver’s insurer
Their adjuster’s job is to limit what their company pays, not to help you. You have no contract with them, and nothing requires you to give them a statement. If they call, it’s reasonable to say your attorney will be in touch.
Keep everything
Medical bills, repair estimates, photos, lost wage records, prescription receipts, anything connected to the crash. You may not need all of it, but you can’t go back and recreate it later.
Stay off social media about it
Insurers do look. A photo of you at a birthday party three days after the crash can be used to argue your injury wasn’t as serious as you say, even if that’s not a fair read of the picture.
How Long You Have to Act
In Illinois, you generally have 2 years from the date of the crash to file a personal injury claim (735 ILCS 5/13-202). Property damage claims run 5 years. If a government vehicle or entity was involved, such as a CTA bus, a Pace bus, or a city vehicle, that window can shrink to as little as 1 year, with separate notice deadlines that come even sooner. Two years sounds like a long time until you remember that camera footage disappears in days, repaired cars lose their damage evidence, and witnesses move on. The evidence clock runs out well before the legal one does.
When to Talk to a Lawyer
Not every fender bender needs an attorney. But if anyone was hurt, if fault is disputed, or if the insurance company’s offer doesn’t come close to covering your medical bills and lost time, it’s worth a conversation before you sign anything. A Chicago car accident lawyer can deal with the insurance company directly, so you’re not negotiating your own medical bills while you’re still trying to recover.
Phillips Law Offices has handled car accident claims in Chicago since 1945. If you’re not sure whether your situation needs a lawyer, that first conversation is free. Call (312) 346-4262 or reach out online, and we’ll tell you honestly what we think, whether or not you hire us.
Related reading:
What Is the Average Settlement for a Car Accident in Illinois?
