After a car accident in Illinois, get to a safe place, call 911 if anyone may be hurt, exchange information, document the scene, and get medical care the same day or the next day. Report the crash to your own insurer, be careful with recorded statements, and talk with a lawyer before you accept any offer. Most Illinois personal injury lawsuits must be filed within two years (735 ILCS 5/13-202), with exceptions. This Resource Center walks through each step and links to our detailed guides. Stavros Law Offices in Wheeling offers a free consultation at (847) 520-4810.

General information, not legal advice. Reading this page does not create an attorney-client relationship. Last reviewed: October 2026.

Car Accident Resource Center: Start Here

A crash leaves you with many questions at once: what to do today, what to tell an insurance company, who is at fault, and how long you have to act. We have organized our Illinois car accident information into one place. Start with this guide for the full picture, then open the topic guides below for more detail.

• Car Accident Checklist for Illinois Drivers: a short, scannable list to use at the scene and in the first week.
• Dealing With Insurance After a Crash: your own insurer versus the other driver's insurer, recorded statements, medical authorizations and releases.
• Illinois Personal Injury Deadlines: the general two-year rule and the exceptions that can change it.
• Uninsured and Underinsured Motorist Claims: what to do when the other driver has no insurance, too little insurance, or leaves the scene.
• Who Pays Medical Bills After a Car Accident in Illinois: how bills are handled while a claim is pending.
• Comparative Fault in Illinois: how your share of fault affects what you can recover.
• Totaled Car After an Illinois Accident: vehicle value, total loss and property damage questions.
• Car Accident Lawyers and Personal Injury: an overview of the injury claims our firm handles.

The First 10 Minutes After a Crash

Your first job is safety, not paperwork. Check yourself and your passengers first.

1. Check for injuries. If anyone is hurt, unconscious, or complaining of neck or back pain, call 911 and avoid moving them unless they are in immediate danger.
2. Move out of traffic if you can do so safely. If the vehicles are drivable and the crash is minor, move to the shoulder or a nearby lot. If a vehicle cannot be moved, turn on the hazard lights and stay where it is safe to stand, usually well off the roadway.
3. Call 911. Ask for police and, if needed, an ambulance. Illinois law requires immediate notice to police when no officer is present and the crash causes injury or death or property damage over $1,500 (625 ILCS 5/11-407). The amount is lower, $500, if one of the vehicles is uninsured. Even when the law does not require a call, a police response creates a record of the crash.
4. Stay at the scene. Leaving the scene of a crash can lead to serious criminal charges. Stay until the exchange of information is complete and police tell you that you may go.
5. Be careful what you say. Be polite and factual with the other driver and the officer. Describe what you saw, avoid guessing about fault, and say you are not sure yet if you are hurt.

Exchange Information and Render Aid

Illinois law requires drivers involved in a crash to give their name, address and vehicle registration number to the other people involved, and to render reasonable aid to anyone injured, including arranging transport for medical treatment when it is needed (625 ILCS 5/11-403). In practice, collect the following from every driver:

• Full name, address and phone number
• Driver's license number
• License plate number, and the make, model and color of each vehicle
• Insurance company name, policy number and phone number (photograph the insurance card)
• Names and phone numbers of passengers
• Names and phone numbers of any witnesses
• The responding officer's name, badge number, agency and report number

If the other driver is reluctant to share insurance information, do not argue; note the plate number, take photos and let the police handle it.

Police Reports and Crash Reports

You may have heard that Illinois drivers must file their own crash report within 10 days. That requirement no longer exists. The old driver crash report statute (625 ILCS 5/11-406) was repealed effective August 20, 2021 (P.A. 102-560), and the Illinois Department of Transportation says motorists no longer file that form. What remains is the duty to give immediate notice to police in the situations described above, and the police agency that investigates a crash sends its own report to the state.

So you do not need to wait on a driver form. What you do need is the report from the agency that responded. Ask the officer for the report number before you leave. Agencies differ in how and when a report becomes available and in what they charge, so ask the investigating department (city police, county sheriff or state police) how to request it. The report can contain errors, so read it when you get it. It is helpful evidence, but it is not the last word on who is at fault.

Gather Evidence While It Is Fresh

Evidence is easiest to collect in the first hours and days. Skid marks fade, vehicles are repaired, and video is overwritten. If you are able, or if a friend or family member can help, collect the following:

• Photos and video. Capture all vehicles from several angles, close-ups of damage, license plates, the road, traffic signals and signs, skid marks, debris, weather and lighting. Photograph visible injuries and keep taking pictures as bruising and swelling develop.
• Witnesses. Get names and phone numbers. A short note about what each person saw is useful.
• Camera footage. Nearby businesses, homes, traffic cameras and transit vehicles may have video, and many systems record over old footage after a short period. Ask early, or ask an attorney to send a preservation request.
• Vehicle data. Vehicles can store crash data. Do not authorize a total-loss sale or scrap of the vehicle without first asking whether the vehicle data and the vehicle itself should be preserved.
• Medical records and bills. Keep every record, receipt and appointment summary.
• Work records. Pay stubs, schedules and a note from your employer about missed time support a lost-income claim.
• A symptom journal. Write down daily pain levels, sleep problems, missed activities and how the injury affects work and home life. Short, dated entries are more useful than a long summary written months later.

Get Medical Care, Even If You Feel Fine

See a medical provider the same day or the next day. Adrenaline can hide pain, and some injuries, including concussions and soft-tissue injuries, may not show symptoms right away. An early evaluation protects your health, and it also creates a medical record that links your symptoms to the crash.

• Tell the provider about the crash and every symptom, even ones that seem minor.
• Follow the treatment plan. Attend follow-up visits, therapy and referrals to other providers. Long gaps in treatment can lead an insurer to argue that you recovered or that something else caused your symptoms.
• Keep records and bills together. Our guide on who pays medical bills after a car accident in Illinois explains how bills are handled while a claim is pending.

Insurance: What to Do and What to Be Careful About

Tell your own insurer about the crash. Most policies require prompt notice. The deadline and what counts as notice vary by policy, so read yours or ask your agent. Give basic facts: when and where it happened, who was involved, and the police report number.

Be careful with the other driver's insurer. The other driver's insurance company represents its own policyholder and its own interests, not yours. You can provide your contact information and the basic facts, but before you give a recorded statement or sign a broad medical authorization, talk with a lawyer. A recorded statement given before you know the extent of your injuries can be difficult to take back. A broad authorization may give an insurer access to records that have nothing to do with the crash. Our guide on dealing with insurance after a crash covers these steps in detail.

Think carefully before you accept an early offer. A quick offer often arrives before treatment is finished and before the full cost of the injury is known. Accepting usually means signing a release that ends the claim, even if you later need more care. Have an attorney review any offer or release before you sign.

Minimum insurance in Illinois

Illinois requires drivers to carry liability insurance with minimum limits of $25,000 for bodily injury to one person, $50,000 for bodily injury to all people in one crash, and $20,000 for property damage (often written 25/50/20) (625 ILCS 5/7-203). These are minimums. A serious injury can cost more than $25,000, and the at-fault driver's policy limit may become an important issue in your claim.

Your own uninsured motorist coverage

Illinois law requires uninsured motorist (UM) coverage to be part of auto liability policies (215 ILCS 5/143a). That coverage can matter if the at-fault driver has no insurance, or if the driver cannot be identified because they left the scene. Coverage is not automatic: Illinois law recognizes physical-contact requirements for unidentified-vehicle claims, although qualifying indirect contact may suffice. Underinsured coverage can matter when the other driver's limits are too low for your losses. Coverage amounts and conditions depend on the policy, so check the declarations page of your own policy. See our guide to uninsured and underinsured motorist claims in Illinois for more.

Fault and Comparative Negligence in Illinois

Fault matters in an Illinois injury claim because it affects how much you can recover. In an Illinois negligence claim, a person more than 50% responsible for the injury cannot recover damages. At 50% or less, damages are reduced by that person's percentage of fault (735 ILCS 5/2-1116). Different rules apply to some statutory claims. For uninsured-motorist benefits, fault affects the damages recoverable from the uninsured driver; insurance coverage and policy compliance are separate issues (215 ILCS 5/143a). For example, if a jury decided your damages were $100,000 and found you 20% at fault, your recovery would be reduced by 20%.

Because any share of fault reduces a recovery, do not guess about fault at the scene or in a statement. Photos, witness accounts, video and the police report can help show what happened. Read more in our comparative fault guide. For how fault, insurance limits and liens affect a claim, see what affects the value of an injury claim.

Deadlines: How Long You Have to File

For most personal injury claims in Illinois, a lawsuit must be filed within two years of the injury (735 ILCS 5/13-202). If the deadline passes, a court may dismiss the case, no matter how strong it was. The deadline can be affected by several things:

• Government defendants. If a city, village, school district or other local public body is involved, for example a crash with a municipal vehicle, a shorter deadline can apply. The Local Governmental and Governmental Employees Tort Immunity Act includes a one-year limit for actions against local public entities (745 ILCS 10/8-101); for a minor's ordinary injury claim, that period generally begins at age 18. Claims against the State of Illinois, including certain claims involving IDOT, follow separate Court of Claims procedures. Personal-injury claims generally require notice within one year and filing within two years. Filing the claim within the first year can satisfy the notice requirement. The proper defendant, forum, and any tolling must be evaluated individually (705 ILCS 505/8(d), 22(h), 22-1). Other notice rules may also apply.
• Minors and some disabilities. A child injured before age 18 generally has until age 20 for an ordinary claim against a private defendant, and a legal disability can also extend time (735 ILCS 5/13-211). Different timing applies to claims against local public entities, as described above.
• Death. A wrongful death claim has its own statute (740 ILCS 180/2). See our wrongful death page.
• Insurance policy requirements. Policies can impose separate requirements for notice, proof of loss, and a demand for arbitration or legal action. Reporting a claim does not necessarily satisfy an arbitration-demand requirement. Have the policy and any applicable tolling rules reviewed immediately.

Two years can pass quickly once treatment, negotiation and investigation are taken into account. Do not assume an exception applies to you. Our personal injury deadlines guide explains the general rule and the exceptions. If you are close to a deadline, call right away.

Special Situations

The other driver has no insurance, or left the scene

Your own uninsured motorist coverage may apply, and the policy and the statute set conditions that you will need to follow. Report the crash to police and your insurer promptly and keep all records. Policies can impose separate requirements for notice, proof of loss, and a demand for arbitration or legal action. See the guide on uninsured and underinsured motorist claims.

Motorcycle and truck crashes

Crashes involving motorcycles or commercial trucks often involve more serious injuries, additional evidence such as driver logs and company records, and more parties. Our motorcycle accident and truck accident pages cover the specifics.

A death in the crash

If a family member died, the steps in the claim are different and deadlines are separate. Our wrongful death page explains how these claims work, and our team can talk with you at a time that is right for your family.

A ticket or criminal charge after the crash

A traffic citation or criminal charge after a crash is a separate process from an injury claim, and what you say in one can affect the other. Our firm also defends traffic and criminal cases; see our criminal defense and traffic violations page.

Common Mistakes to Avoid

• Leaving the scene or failing to call police when the law requires it
• Admitting fault or apologizing in a way that can be read as an admission
• Skipping medical care, or stopping treatment early
• Giving a recorded statement or signing a broad medical authorization before you understand it
• Accepting an early offer or signing a release before your treatment is complete
• Posting about the crash, your injuries or your activities on social media; insurers may review public posts

When to Talk With a Lawyer

Many people with minor damage and no injuries resolve a claim through their insurer without a lawyer. You should consider a consultation if any of these apply:

• You or a passenger were injured, especially if treatment is ongoing
• Fault is disputed, or you were told you share fault
• The other driver is uninsured, underinsured or unidentified
• An insurer has asked for a recorded statement or broad authorization, or has made an offer or sent a release
• A government vehicle, commercial vehicle or rideshare vehicle was involved
• A family member died
• You are unsure about a deadline

A first consultation with our firm is free. We will ask what happened, review the documents you have, explain how Illinois law may apply, describe your options, and explain how our fees work before you decide anything. We cannot promise any particular outcome, because every case depends on its facts and the law. For the next steps while you decide, use our car accident checklist. To learn more before you call, see how personal injury attorney fees work and our injury case timeline.

Frequently Asked Questions

What should I do first after a car accident in Illinois?

Check for injuries, call 911 if anyone may be hurt, and move to a safe place if you can. Exchange information with the other driver, photograph the scene, get the police report number, and get medical care the same day or the next day. Then tell your own insurer and consider talking with a lawyer before giving a recorded statement.

Do I have to report a car accident to the police in Illinois?

If no officer is present and the crash causes injury or death or property damage over $1,500, you must give immediate notice to police (625 ILCS 5/11-407). The amount is $500 if a vehicle is uninsured. Calling police is a good idea even when it is not required, because it creates a record.

Do I still have to file a driver crash report within 10 days?

No. The old 10-day driver crash report requirement was repealed effective August 20, 2021, and the state says motorists no longer file that form. The investigating police agency sends its own report to the state. Ask that agency how to request a copy of the report.

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

For most personal injury claims the deadline is two years (735 ILCS 5/13-202), but exceptions exist, including shorter limits for some claims against local government bodies and extra time in some cases involving minors. Do not assume an exception applies to you, and ask an attorney about your deadline as soon as possible.

What if I was partly at fault for the crash?

You may still be able to recover. In an Illinois negligence claim, a person more than 50% responsible for the injury cannot recover damages (735 ILCS 5/2-1116). At 50% or less, damages are reduced by that person's percentage of fault. Different rules apply to some statutory claims.

What are the minimum insurance limits in Illinois?

The minimum liability limits are $25,000 for bodily injury to one person, $50,000 per crash for bodily injury, and $20,000 for property damage (625 ILCS 5/7-203). These are minimums, and a serious injury can cost more. Uninsured motorist coverage is also required to be part of auto liability policies.

Should I give the other driver's insurance company a recorded statement?

Be careful. You can share your contact information and basic facts, but talk with a lawyer before you give a recorded statement or sign a broad medical authorization, because you may not yet know the full extent of your injuries.

How much does it cost to talk with a lawyer at Stavros Law Offices?

The first consultation is free. If you hire us, we explain the fee agreement and how case costs are handled before you sign. Call (847) 520-4810 to get started.

Talk to Our Team

Stavros Law Offices is one team handling criminal defense and DUI, personal injury and civil litigation. If you were hurt in a crash, call (847) 520-4810 or request a free consultation online. Our bilingual staff can assist. Se habla español.

Stavros Law Offices
433 N. Milwaukee Ave, Wheeling, IL 60090
(847) 520-4810
Monday–Friday 9–5; closed Saturday
Serving clients in Cook, Lake, McHenry, Kane and DuPage Counties. See also our Wheeling car accident page and our McHenry County personal injury page.

General information, not legal advice; no attorney-client relationship until engaged; past results do not guarantee a similar outcome. Laws and deadlines change and every case is different. Last reviewed: October 2026.

Related injury guides: pedestrian accidents, Uber and Lyft accidents, bicycle accidents, dog bites and hit-and-run accidents.