Free to share
You're welcome to print, share, and link to this guide. If you cite it, please credit LawMachine with a link to this page. It reflects general Illinois law and is not a substitute for legal advice about your specific situation.
At the scene
Get to safety and check for injuries
Move out of traffic if you can do so safely, turn on hazard lights, and check yourself and others for injuries before anything else.
Call 911
In Illinois you must report a crash that causes injury, death, or more than $1,500 in property damage. A police report also creates an official record that protects your claim.
Exchange information
Get the other driver's name, phone, address, license plate, driver's license number, and insurance company and policy number.
Document everything
Photograph all vehicles, damage, the road, traffic signs, skid marks, and your visible injuries. Get names and numbers of any witnesses.
Don't admit fault
Stick to the facts with police and the other driver. Even saying 'I'm sorry' can be used against you later. Let the investigation determine fault.
In the days and weeks after
See a doctor promptly
Get checked even if you feel fine — adrenaline masks injuries, and gaps in treatment are the first thing insurers use to reduce a claim.
Notify your insurer — carefully
Report the crash, but stick to basic facts. You are not required to give a recorded statement to the other driver's insurer.
Keep every record
Save medical bills, repair estimates, pay stubs for missed work, and a simple journal of how your injuries affect daily life.
Be careful with early settlement offers
Insurers often offer a fast, low number before the full extent of your injuries is known. Once you accept, you cannot reopen the claim.
Talk to a lawyer before you sign anything
A free consultation costs nothing and helps you understand what your claim is actually worth before deadlines pass.
Key Illinois deadlines to know
- Statute of limitations: you generally have two years from the date of a personal injury crash to file a lawsuit in Illinois.
- Comparative fault: Illinois uses a modified comparative negligence rule — you can recover as long as you are 50% or less at fault, reduced by your share.
- Crash reporting: crashes involving injury, death, or over $1,500 in damage must be reported.
Deadlines can differ for claims against a government entity or on behalf of a minor. When in doubt, ask a lawyer early — missing a deadline can end a valid claim.
Hurt in a crash? Talk to us free.
Call (312) 222-0202 for a free, no-obligation consultation. You pay nothing unless we win.