Knowing what to do after a car accident in Chicago can protect your health, your claim, and your legal rights. Move to safety, call 911, exchange information with the other driver, document the scene with photos, and seek medical attention the same day. Illinois law requires you to report accidents involving injury or more than $1,500 in property damage.
Chicago recorded approximately 112,000 crashes in 2024, according to the Illinois Department of Transportation. The steps below cover what to do at the scene, in the first 24 hours, and in the days after, along with the Illinois laws and insurance rules that affect your claim.
What to Do After a Car Accident in Chicago
After a car accident in Chicago, follow these seven steps in order:
- Move to safety and turn on hazard lights
- Check for injuries and call 911 if anyone is hurt
- Stay at the scene; leaving is a felony in Illinois
- Call the police and exchange information with the other driver
- Document the scene with photos and get the witness contact details
- See a doctor the same day, even if you feel fine
- Notify your insurance company within 24–48 hours
What to Do at the Scene of a Car Accident in Chicago
These eight actions protect your safety and your claim while you are still at the scene:
- Move your vehicle if it is drivable. If the car can be moved safely and is blocking traffic, pull it to the shoulder or a nearby parking area. If it cannot be moved, turn on your hazard lights and use road flares or reflective triangles if you have them.
- Check for injuries and call 911. Look over yourself and any passengers before doing anything else. Adrenaline can mask pain, so check carefully even if you feel okay. If anyone is injured or the scene is still dangerous, call 911 immediately.
- Stay at the scene. Under 625 ILCS 5/11-401, leaving the scene of an accident involving injury, death, or vehicle damage is a felony in Illinois. Even if you believe you were not at fault, stay until police arrive or you have completed the required steps.
- Call the police. Illinois law requires you to report accidents involving injury, death, or property damage over $1,500 (625 ILCS 5/11-406). If the other driver is uninsured, that threshold drops to $500. For accidents within Chicago, you can reach CPD through the non-emergency line at 311. On freeways and state highways, contact the Illinois State Police.
- Exchange information with the other driver. Before you leave the scene, collect their full name, driver’s license number, license plate, insurance company and policy number, and vehicle make, model, and color. Do not discuss fault or apologize. Stick to the facts.
- Document the scene. Take photos before any vehicles are moved: vehicle damage from multiple angles, road conditions, skid marks, traffic signs, and any visible injuries. Note the location of nearby businesses, parking structures, or traffic cameras that may have captured the crash.
- Get witness information. If anyone stopped or was close enough to see what happened, get their name and phone number before they leave.
- Note the responding officer’s information. Ask for the officer’s name and badge number. You will need this information to request a copy of the CPD crash report once it is available. That report is a key piece of documentation for your insurance claim.
What to Do in the First 24 Hours After a Car Accident in Illinois
These five actions in the first 24 hours protect your health and your claim:
- See a doctor the same day. Your health comes first. Whiplash, concussions, and internal injuries frequently do not produce symptoms immediately. By the time they appear, the connection to the accident is harder to prove. Going to a doctor the same day creates a medical record that ties your injuries directly to the date of the crash, and that’s what the insurance company has to work against.
- Notify your own insurance company. Report the accident to your insurer within 24 to 48 hours. Give them the basic facts: where the accident happened, who was involved, and what you observed. Do not speculate about fault. Do not admit anything. Keep the conversation factual and brief.
- Do not speak to the other driver’s insurance company. Their adjuster may contact you quickly. Do not give a recorded statement, do not accept any offer, and do not confirm details you have not had time to verify. If they call, tell them you will be in touch through your attorney or your own insurer.
- Start organizing your documentation. Start a folder and keep everything in it: medical records, prescription receipts, photos from the scene, the officer’s name and badge number, your claim number, and any communications related to the accident.
- Locate your vehicle if it was towed. If your car was towed from the scene and you are not sure where it went, contact CPD at 311 or use the City of Chicago’s online tow tracker. Storage fees add up quickly, so do not wait on this.
What to Do in the Days After a Car Accident
These six actions in the days following the crash protect the value of your claim:
- Continue all medical treatment without gaps. Every missed appointment gives the insurance company a reason to argue that your injuries were not serious or that something else caused them. Stay on your treatment plan until your doctor clears you.
- Keep a pain journal. Medical records document your diagnosis, but they do not capture what daily life looks like after an injury. Write down how your injuries are affecting your ability to work, sleep, care for your family, and do the things you normally do.
- Stay off social media. Insurance adjusters actively monitor claimant accounts. A photo, a check-in, or even a comment can be taken out of context and used to argue that your injuries are less serious than you claim. Keep your accounts private and say nothing about the accident online while your claim is open.
- Do not sign anything without legal review. If the insurance company sends you documents, a release, or a settlement offer, do not sign until an attorney has reviewed it. Signing early can close your claim permanently.
- Document lost wages. If your injuries kept you from working, gather pay stubs, employer letters, and tax records that establish your normal income. Lost wages are a recoverable damage, but you need documentation to support them.
- Request a copy of the police report. Once it is available, you can request the crash report through the Chicago Police Department or the Illinois State Police if the accident happened on a state highway. The responding officer’s name and badge number will help you locate the right report.
Illinois Car Accident Laws You Need to Know
Personal injury laws in Illinois are easier to understand once you know the three rules that apply to almost every car accident case: fault-based liability, modified comparative fault, and the statute of limitations.
Illinois Is a Fault-Based State
Illinois uses a fault-based insurance system, meaning the driver who caused the accident is financially responsible for the other party’s damages. This affects how and where you file your claim. You can file directly against the at-fault driver’s insurer, through your own insurer, or pursue a personal injury lawsuit.
Illinois Modified Comparative Fault Rule
Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. You can recover compensation as long as your share of fault is less than 50%. If you are found to be 50% or more at fault, you cannot recover anything.
When your fault percentage is below that threshold, your compensation is reduced proportionally. If your total damages are $100,000 and you were found 20% at fault, you would recover $80,000. Comparative negligence comes up in most cases where both drivers share some responsibility for the crash.
Statute of Limitations
Under 735 ILCS 5/13-202, you have two years from the date of the accident to file a personal injury lawsuit in Illinois. The deadline for property damage claims is also two years. Miss it, and you lose the right to sue, regardless of how strong your case is.
How the Insurance Process Works After a Car Accident in Illinois
Illinois requires all drivers to carry at least $25,000 per person, $50,000 per accident, and $20,000 for property damage. Here is how the claims process typically unfolds:
- File a claim. You can file a first-party claim with your own insurer or a third-party claim against the at-fault driver’s policy. If you are wondering what to do after a car accident not your fault, filing against the at-fault driver’s policy is the more direct route.
- An adjuster is assigned. The other driver’s insurer assigns an adjuster to review the police report, medical records, and evidence to determine liability and calculate damages. Do not give them a recorded statement before speaking with a lawyer.
- You receive a settlement offer. The first offer is almost always low; you have the right to push back, and documentation is what gives you leverage.
- If negotiations stall. You can file a personal injury lawsuit. Illinois gives you two years from the date of the accident to do so. Most cases settle before reaching trial, but filing is always an option.
What to Do After a Hit-and-Run in Chicago
If the other driver flees the scene, these five steps protect your claim and help investigators identify them:
- Stay at the scene and call 911 immediately
- Write down every detail you can remember about the vehicle: color, make, model, partial plate, direction of travel, any distinguishing features
- Look for witnesses and note the location of any nearby security cameras or businesses that may have captured the incident
- File a report with CPD. This is required under 625 ILCS 5/11-401 and is necessary to support any insurance claim
- Contact your own insurer as soon as possible; your uninsured motorist coverage may apply even when the at-fault driver is never identified
Knowing what to do after a hit-and-run in Chicago and acting quickly gives investigators the best chance of identifying the driver.
What to Do If the Other Driver Has No Insurance in Illinois
Illinois law requires all drivers to carry auto insurance. Many do not. If the driver who hit you had no coverage, here is what to do:
- Report the accident to your own insurer immediately. Let them know the other driver was uninsured. Delays in reporting can give them grounds to reduce or deny your claim.
- File a UM claim. Your uninsured motorist (UM) coverage can pay for your medical expenses, lost wages, and pain and suffering when the at-fault driver has no policy.
- Check if UIM applies. If the other driver had some coverage but not enough to cover your losses, your underinsured motorist (UIM) coverage can fill the gap.
- Consult a lawyer. These claims are more complex than standard insurance claims, and insurers look for reasons to limit what they pay. An attorney can make sure you are not leaving money on the table.
What Not to Do After a Car Accident in Chicago
These seven mistakes can reduce or cost you your compensation after a Chicago car accident:
- Do not leave the scene. It is a felony under Illinois law, regardless of who caused the accident.
- Do not admit fault or apologize. Even a casual “I’m sorry” can be treated as a legal admission and used against you.
- Do not speak to the other driver’s insurance company without a lawyer. They are not on your side.
- Do not accept the first settlement offer. It is rarely a fair reflection of what your case is worth.
- Do not post about the accident on social media. Adjusters monitor claimant accounts and will use anything they find.
- Do not ignore symptoms. Get evaluated the same day, even if you feel fine. Delayed injuries are common after crashes.
- Do not sign any documents without legal review. Once you sign, you typically cannot reopen the claim.
When to Contact a Chicago Car Accident Lawyer
You do not need an attorney for every fender bender. But there are situations where having one changes what you recover:
- There are injuries, even if they seem minor right now
- Fault is disputed, and the other side is pushing back
- The insurance company denied your claim, delayed a response, or made a lowball offer
- The other driver had no insurance or fled the scene
- You received a settlement offer that does not cover your actual losses
- You are unsure of your rights under Illinois law or what evidence you need to preserve
- You are unsure what types of damages in a personal injury case you can recover
Insurers have their own adjusters and legal teams. A car accident lawyer handles the insurance company while you focus on your recovery. If you were hurt in a crash in Chicago, a Chicago personal injury lawyer can review your case and tell you exactly what it is worth.
Get a Free Case Review From a Chicago Car Accident Lawyer
Illinois gives you two years to file, but evidence and witness memory fade long before that deadline arrives. Talk to a Chicago car accident lawyer now to protect your claim while the details are still fresh. Free Consultation. No Fee Unless We Win. Contact us today to find out what your case is worth.
Frequently Asked Questions
What should I do immediately after a car accident in Chicago?
Move to safety, check for injuries, and call 911 if anyone is hurt. Stay at the scene, call the police, and exchange information with the other driver. Take photos of the damage and the scene, collect witness contact details, and see a doctor the same day. Notify your own insurance company within 24 to 48 hours.
Do I have to call the police after a car accident in Illinois?
Yes, in most cases. Illinois law requires you to report accidents involving injury, death, or property damage exceeding $1,500. If the other driver is uninsured, that threshold drops to $500. Within Chicago, you can reach CPD through the non-emergency line at 311.
How long do I have to file a car accident claim in Illinois?
You have two years from the date of the accident to file a personal injury lawsuit in Illinois under 735 ILCS 5/13-202. The same deadline applies to property damage claims. Missing this deadline means losing the right to sue entirely.
What happens if the other driver does not have insurance in Illinois?
Your uninsured motorist (UM) coverage can pay for your medical expenses, lost wages, and pain and suffering when the at-fault driver has no insurance. If their coverage exists but is not enough, underinsured motorist (UIM) coverage may cover the difference. Review your policy and consult a lawyer, as these claims are more complex than standard ones.
Should I admit fault at the scene of a car accident?
No. Do not admit fault, apologize, or make any statements about what caused the accident. Even a casual comment can be used as a legal admission. Stick to exchanging information and speaking with police.
What is comparative negligence in Illinois?
Illinois follows a modified comparative fault rule. You can recover compensation as long as your share of fault is less than 50%. Your recovery is reduced by your percentage of fault. If you were 20% at fault and your damages total $100,000, you would recover $80,000.
¿Atienden en español en Chicago y sus alrededores?
Sí. Podemos ayudarle en español. Si usted o un familiar sufrió lesiones en un accidente de auto en Chicago, Evanston, Cicero, Berwyn, Oak Park, Joliet, Aurora, Naperville o en otras áreas del área metropolitana de Chicago, contáctenos para una consulta gratuita. Le explicaremos sus opciones de forma clara y sencilla. No tiene que pagar nada si no ganamos su caso.
