The short answer
Get safe, call 911 if anyone is hurt, and get the police report number. Photograph the vehicles and scene, and trade insurance information with the other driver. See a doctor within a day or two even if you feel fine, and don't give a recorded statement to the other driver's insurer yet. Most Illinois injury lawsuits must be filed within two years, and lawsuits against the City of Chicago or the CTA generally have a much shorter one-year deadline.
Immediate Steps at the Scene
Ensure Safety First
Your safety and the safety of others should be your top priority. If possible, move your vehicle to the side of the road and turn on your hazard lights. If you cannot move your car, turn on your hazard lights and set up flares or reflective triangles if you have them.
Check for Injuries
Check yourself and your passengers for injuries. Even if you feel fine, adrenaline can mask pain and injuries. If anyone is injured, call 911 immediately. Do not attempt to move anyone who appears to be seriously injured unless they are in immediate danger.
Call the Police
In Chicago, you should call the police for any accident involving injuries, significant property damage, or if the other driver appears to be under the influence. A police report can be crucial evidence for your insurance claim and any potential lawsuit.
Gathering Information
Exchange Information
Collect the following information from all drivers involved:
- Full name and contact information
- Driver's license number
- Insurance company and policy number
- Vehicle make, model, year, and license plate
- Location of the accident
Document the Scene
Take photos of:
- All vehicles involved from multiple angles
- The accident scene, including street signs and traffic signals
- Any visible injuries
- Skid marks, debris, or other evidence
- The other driver's license and insurance card
Find Witnesses
If there are witnesses, get their contact information and ask them to provide a brief statement about what they saw. Witness testimony can be valuable if there are disputes about how the accident occurred.
After Leaving the Scene
Seek Medical Attention
Even if you feel fine, it's important to see a doctor as soon as possible. Some injuries, such as whiplash or concussions, may not show symptoms immediately. Having medical documentation of your condition after the accident is crucial for any insurance claim or lawsuit.
Contact Your Insurance Company
Report the accident to your insurance company as soon as possible. Be honest about what happened, but stick to the facts. Avoid admitting fault or speculating about the cause of the accident.
Keep Detailed Records
Start a file with all accident-related documents, including:
- Police report number and copy when available
- Medical records and bills
- Insurance correspondence
- Photos and witness statements
- Receipts for any expenses related to the accident
Shorter lawsuit deadlines for city and CTA claims
Some claims have much shorter filing deadlines. Many state-law injury lawsuits against the City of Chicago generally must be filed within one year under 745 ILCS 10/8-101(a). Personal-injury lawsuits against the CTA generally have a one-year deadline under 70 ILCS 3605/41. Exceptions and accrual rules can affect the deadline, so obtain advice promptly.
These deadlines are for filing a lawsuit in court. Reporting the crash to police or opening an insurance claim does not stop them from running.
What NOT to Do
- Don't admit fault or apologize, even if you think you may have caused the accident
- Don't sign any documents other than a police report or those required by your insurance company
- Don't give a recorded statement to the other driver's insurance company without consulting an attorney
- Don't accept a quick settlement offer without understanding the full extent of your injuries
- Don't delay seeking medical attention
When to Contact a Lawyer
You should consider contacting a car accident attorney if:
- You or anyone else was injured in the accident
- There is significant property damage
- The other driver was uninsured or underinsured
- Fault is disputed
- The insurance company is offering a low settlement
- You're unsure about your rights
Primary sources
- 735 ILCS 5/13-202: two-year personal injury limitation
- 735 ILCS 5/2-1116: comparative fault
- 745 ILCS 10/8-101: one-year limitation for suits against local public entities
- 70 ILCS 3605/41: one-year limitation for injury suits against the CTA
This article is general information, not legal advice for your situation.