After an Illinois car accident you will usually deal with two insurers: your own, which you have a contract with, and the at-fault driver's, which handles a claim against its own customer. Report the crash to your insurer promptly, give basic facts, and think carefully before you give a recorded statement, sign a broad medical authorization, or accept an early offer. Illinois minimum liability limits are only $25,000 per person, $50,000 per crash and $20,000 for property damage (625 ILCS 5/7-203). Call Stavros Law Offices at (847) 520-4810 for a free consultation.

General information, not legal advice. Last reviewed: October 2026.

Your Insurer vs. the Other Driver's Insurer

Your own insurer has a contract with you. Your policy may include collision coverage for your vehicle, medical payments coverage, rental reimbursement, and uninsured and underinsured motorist coverage. Most policies require you to give prompt notice of a crash and to cooperate with the insurer's investigation. The notice deadline varies by policy, so read yours or ask your agent.

The other driver's insurer usually pays an injured person only if its customer is found responsible, and it is looking at the claim from its own side. Its adjuster is not your advocate. An adjuster may be polite and still ask questions that affect how much the insurer pays. You may give your name and contact information, but you are not generally required to agree to everything the adjuster asks.

When more than one driver may share blame, fault matters. Illinois uses modified comparative fault: a person who is more than 50% at fault is barred from recovering, and otherwise recovery is reduced by the person's share (735 ILCS 5/2-1116). Read more in our guide to comparative fault in Illinois.

Report the Crash and Keep Records

• Report the date, place, people involved and the police report number to your insurer. Stick to facts.
• Write down the claim number, adjuster's name and the date and time of every call.
• Ask for important information in writing and keep letters, emails and texts.
• Save photos, bills, pay records and receipts. Our car accident checklist lists what to gather.

The old 10-day driver crash report was repealed in 2021, so you do not file one with the state. Ask the responding police agency how to get its report.

Recorded Statements

An adjuster for the other driver may ask for a recorded statement soon after the crash, sometimes before you know how badly you are hurt. Statements can be used later to question what you said, and early answers such as “I'm okay” can be quoted back after symptoms develop.

• You may ask what the statement is for and whether you can answer in writing instead.
• Do not guess about speed, distances, or fault. It is fine to say you do not know.
• Your own insurer may require cooperation under the policy, so check the policy language. Ask an attorney how to handle that request.
• You can decide to talk with a lawyer before you give any recorded statement.

Medical Authorizations

Insurers often send a form that lets them request your medical records. A broad form can reach years of unrelated records. Before you sign:

• Check the scope: which providers, which dates, and for what purpose.
• Ask whether a narrower form limited to treatment related to the crash would work.
• Keep a copy of what you signed and who received it.
• Have an attorney review it if you are unsure.

Insurers often compare your records to the claim, and gaps in treatment can lead them to question injuries. Follow your provider's treatment plan.

Medical Payments Coverage

Medical payments coverage (often called “med pay”) is an optional part of many auto policies. When it applies, it can help pay certain medical expenses for you and passengers up to a set limit, usually without waiting to decide who caused the crash. Whether you have it, the limit, and what it covers depend on your policy. Check your declarations page. See also our guide on who pays medical bills after a car accident in Illinois.

Ask whether using med pay or health insurance affects a later claim against the at-fault driver. Payments by one source can create reimbursement rights for that source.

Liens and Reimbursement

When you settle, some of the money may be owed to others. Common examples:

• Health care provider liens. Under the Illinois Health Care Services Lien Act (770 ILCS 23/10), health care professionals and providers that treat an injured person have a lien on the person's claim for reasonable charges. The statute says the total of all such liens may not exceed 40% of the settlement or judgment, with other limits that apply to categories of providers and to attorney liens.
• Health insurance and employer plans may have their own right to be repaid. Rules differ by plan.
• Medicare, Medicaid and other government programs may also require repayment.
• Your own insurer may seek reimbursement of payments, depending on the policy.

Ask for a list of liens before you agree to any settlement, because they affect what you actually receive. Some liens can sometimes be negotiated.

Property Damage Claims

A vehicle damage claim is separate from an injury claim. You can use your collision coverage or make a claim against the at-fault driver's property damage coverage. Keep estimates and rental receipts. If your vehicle may be a total loss, see our guide to a totaled car after an Illinois accident. Before you sign a property damage release or payment form, read it to see whether it also mentions injury claims.

First Offers and Settlement Releases

Insurers sometimes make an offer early, before treatment is complete. A quick payment can be helpful for some people, but an early offer is often made before the full extent of your injuries, future treatment and lost income is known. We recommend that you do not accept any offer until you understand your medical outlook and your losses, and until you know your liens.

A settlement usually requires you to sign a release. A release typically ends your claim against the person and insurer it names, and it generally cannot be reopened if you later need more treatment. Before signing, check:

• Who is being released (the driver, the owner, the insurer, others).
• Whether it covers future medical care, known and unknown injuries, and all claims.
• Any confidentiality or repayment terms.
• How liens and bills will be paid out of the settlement.

If you may also have an underinsured motorist claim, talk with a lawyer before you sign. Settling with the at-fault driver without following your own policy and the law could affect that claim. See uninsured and underinsured motorist claims.

Low Limits and Other Coverage

Illinois minimum liability limits are $25,000 for bodily injury to one person, $50,000 for two or more people in one crash, and $20,000 for property damage (625 ILCS 5/7-203). These are minimums. Serious injuries can exceed them. Check whether you have uninsured or underinsured coverage, and whether the at-fault driver or an employer has additional coverage. An attorney can help look for other insurance.

Deadlines Apply Even While You Talk to the Insurer

Most Illinois injury lawsuits must be filed within two years (735 ILCS 5/13-202), with exceptions, and talking with an insurer generally does not stop that clock. Policies may also have their own notice conditions. Read Illinois personal injury deadlines and ask an attorney early.

Frequently Asked Questions

Should I accept the first settlement offer from the insurance company?

We recommend not accepting any offer until you understand your injuries, treatment, lost income and liens. Early offers are often made before the full picture is known, and a signed release generally ends the claim. Talk with an attorney before you sign.

Do I have to give the other driver's insurer a recorded statement?

You may give your name and contact information, but think carefully before giving a recorded statement. You may not yet know the full extent of your injuries. Your own insurer may require cooperation under your policy, so check the policy and ask an attorney if you are unsure.

Should I sign a medical authorization from the insurance company?

Read it first. A broad form can reach years of unrelated records. Ask whether a narrower form limited to crash-related treatment and a defined time period is acceptable, keep a copy, and have an attorney review it if you are unsure.

What is medical payments coverage?

Medical payments (med pay) coverage is an optional part of many auto policies that can help pay certain medical expenses up to a set limit, usually without deciding fault first. Whether you have it and what it covers depends on your policy, so check your declarations page.

What are the minimum auto liability limits in Illinois?

Illinois minimum limits are $25,000 for bodily injury to one person, $50,000 for bodily injury to two or more people in one crash, and $20,000 for property damage (625 ILCS 5/7-203). Serious injuries can exceed those limits.

Will medical bills or liens come out of my settlement?

Often, yes. Health care providers can have liens under the Illinois Health Care Services Lien Act (770 ILCS 23/10), and health plans, Medicare, Medicaid and insurers may have repayment rights. Ask for a list of liens before you agree to a settlement.

Does talking to the insurer stop the deadline to file a lawsuit?

No. Most Illinois personal injury lawsuits must be filed within two years (735 ILCS 5/13-202), with exceptions, and negotiating with an insurer generally does not stop the clock.

More Help

Our Car Accident Resource Center explains each step after a crash, and our Wheeling car accident page describes how we help.

Talk to Our Team

Stavros Law Offices is one team handling criminal defense and DUI, personal injury and civil litigation. 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.

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.