After an Illinois car accident, stop your vehicle, check whether anyone is hurt, and call 911 if there are injuries, deaths, significant property damage, or other emergency conditions. Exchange your name, contact information, driver’s license details, vehicle registration, and insurance information with the other driver. Report the crash when Illinois law requires it.
Illinois drivers must carry minimum liability insurance of $25,000 for one person’s injuries, $50,000 for injuries to multiple people, and $20,000 for property damage. Your policy must also include uninsured-motorist coverage.
Avoid admitting fault at the scene. Take photos, get witness contact information, keep medical bills and records, and notify your insurance company as soon as possible. Under 735 ILCS 5/2-1116, you can usually seek compensation if you were 50% or less responsible for the accident. The sections below explain accident-reporting duties, insurance requirements, available damages, and filing deadlines.
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Key Takeaways
- Pull over safely, check whether anyone is hurt, and call 911 if there are injuries, deaths, or an emergency. Do not leave the crash scene until you have completed the required steps.
- Report the crash right away if someone is injured or killed, or if the damage meets Illinois reporting requirements.
- Exchange your name, address, vehicle registration, and insurance information with the other driver. Do not admit fault or agree to handle the matter privately at the scene.
- Illinois drivers must carry at least $25,000 in bodily injury coverage per person, $50,000 per accident, and $20,000 for property damage.
- Illinois follows a modified comparative negligence rule. If you are more than 50% responsible for the crash, you cannot recover damages.
What to Do After an Illinois Crash
After an Illinois crash, first check whether anyone is hurt. Call 911 if there are injuries, a vehicle is blocking traffic, or you need police or medical help. If you can do so safely, move your vehicle out of traffic, turn on your hazard lights, and stay away from moving cars.
After an Illinois crash, prioritize safety: check for injuries, call 911 when needed, and move out of traffic if it is safe.
Exchange your name, contact information, driver’s license number, insurance information, and vehicle registration information with the other drivers involved. Take photos of the vehicles, damage, road conditions, traffic signs, and the crash location. Write down what happened, the names and contact information of witnesses, and any injuries you notice.
Do not admit fault or guess about what caused the crash. Follow police instructions and ask how to get a copy of the crash report.
Get medical care as soon as possible, even if you feel okay at first. Some injuries don’t show symptoms right away. Keep records of medical visits, repair estimates, towing charges, and other crash-related expenses.
If your vehicle needs to be towed, use a towing company approved by law enforcement or your insurance company when possible. Confirm where the vehicle will be taken and get the towing price in writing before the vehicle is released.
When You Must Report a Crash
In Illinois, you must report a crash to law enforcement right away if it causes:
- An injury or death;
- More than $1,500 in property damage if all drivers have insurance; or
- More than $500 in property damage if any driver doesn’t have insurance.
You must report it using the fastest available method, such as calling 911 or local police. See 625 ILCS 5/11-407.
Do not assume damage is too minor to report. Repair costs can add up quickly, especially if a rental vehicle is involved.
You must also report a crash involving an unattended vehicle or other property if the owner isn’t there.
Bad weather doesn’t excuse you from reporting a crash when the law requires it. Reporting promptly helps create an official record and can protect your legal rights.
What Information to Exchange at the Scene
After a crash, exchange basic contact, vehicle, and insurance information with the other driver. In Illinois, you must provide:
| Information | What to Share |
|---|---|
| Your identity | Your name and address |
| Your vehicle | Your vehicle registration number |
| Your insurance | Your insurance company and policy information |
Check the other driver’s information carefully, and give your own information accurately.
If you hit an unattended vehicle or other property, make a reasonable effort to find the owner. If you cannot find them, notify the police.
Do not leave the scene until you have completed these steps. You also should not make deals about paying for damage or transferring property at the scene. Exchanging information does not mean you are admitting fault.
How to Document Injuries and Damage
Document the crash scene as soon as it’s safe. Photos and other evidence can help show what happened and support your injury claim. Use your phone to take pictures of:
- Where the vehicles came to rest
- Damage to every vehicle, from several angles
- License plates
- Skid marks, debris, and road conditions
- Traffic lights, stop signs, and other signals
- Interior vehicle damage
- Any visible injuries
Get medical care promptly, even if you think your injuries are minor. Some symptoms may not appear right away. Keep copies of medical records, discharge instructions, prescriptions, test results, bills, receipts, and proof of missed work.
It can also help to keep a dated journal. Write down your pain, symptoms, medical appointments, treatment, and activities you can’t do because of your injuries. Don’t repair your vehicle or throw away damaged property until you have taken clear photos and saved any important evidence.
Illinois Minimum Auto Insurance Requirements
Illinois requires drivers to have at least:
- $25,000 for injuries to one person
- $50,000 total for injuries in one accident
- $20,000 for damage to another person’s property
Your policy must also include uninsured motorist coverage for injuries, with the same $25,000 per person and $50,000 per accident limits.
You must carry proof of insurance and show it if a police officer or the Illinois Secretary of State asks for it.
Required Liability Coverage
Before you drive in Illinois, you must have liability insurance with at least these minimum limits:
- $25,000 for injury or death of one person
- $50,000 for injury or death of two or more people
- $20,000 for property damage in one accident
These limits help pay for injuries or damage you cause to other people in a crash. They don’t pay for your own injuries or damage to your vehicle.
Keep proof of insurance with you and show it to law enforcement if asked. Driving without required insurance can lead to fines, suspension of your driver’s license, and registration penalties. Having insurance is required to legally drive in Illinois.
Uninsured Motorist Protection
Liability coverage pays for injuries or damage you cause to others. But if an uninsured driver causes a crash, uninsured motorist coverage can help protect you and your passengers.
Illinois law requires auto policies to include uninsured motorist bodily injury coverage. The minimum required limits are:
- $25,000 for one person injured in a crash
- $50,000 total for all injuries in one crash
This coverage may help pay for medical bills, lost income, and other injury-related costs when the driver who caused the accident has no insurance.
You can choose higher limits for more protection. Review your coverage before an accident happens, since minimum limits may not be enough for serious injuries.
Proof Of Insurance
You must have proof of insurance when you drive in Illinois. Police may ask for it during a traffic stop or after a crash.
Illinois requires at least:
- $25,000 for injury or death to one person
- $50,000 for injuries or deaths in one crash
- $20,000 for property damage
Your policy must also include uninsured motorist coverage at the required limits.
You can show a paper insurance card, electronic proof on your phone, or other accepted documents. If you can’t provide proof of insurance, you may face fines, a driver’s license or registration suspension, and reinstatement fees.
What Insurance Covers After a Crash
After an Illinois car crash, the insurance that may apply depends on who caused the crash, the coverage available, and the damage or injuries involved.
If you caused the crash, your liability insurance may pay for the other person’s injuries and vehicle damage. Illinois law requires drivers to carry minimum liability coverage.
If your vehicle was damaged, collision coverage may help pay for repairs, regardless of who caused the crash, subject to your deductible. Comprehensive coverage may help with damage from non-crash events, such as theft, vandalism, hail, or falling objects.
If the at-fault driver has no insurance or not enough insurance, uninsured or underinsured motorist coverage may help cover your injuries and related losses. Medical payments coverage, if you purchased it, may help pay medical bills.
How much insurance pays can depend on policy limits, deductibles, exclusions, and whether more than one person was partly at fault.
How to Report a Claim to Insurance
Report the crash to your insurance company as soon as you can. Have your policy number, the date and location of the crash, information about the vehicles involved, and any police report details available.
Report the crash promptly and have your policy number, crash details, vehicle information, and police report details ready.
Illinois law requires drivers to report certain crashes to law enforcement. Your insurance policy may also have its own deadline for reporting a claim.
Save important documents and evidence, including:
- Photos of the vehicles, scene, and injuries
- Medical records and bills
- Repair estimates
- Police report information
- Emails, letters, and other messages about the claim
Give your insurer accurate information, but don’t guess about what happened, the extent of injuries, or vehicle damage you didn’t personally see.
Ask for your claim number and the adjuster’s name, phone number, and email address. If possible, confirm this information in writing. Read all forms before signing them, and keep copies of everything you submit or receive.
How Illinois Determines Fault
Illinois decides fault by looking at whether you or another driver failed to use reasonable care and caused the crash. Evidence such as police reports, witness statements, photos, medical records, and vehicle damage can help support your claim.
Under Illinois law, you can recover compensation only if you’re 50% or less at fault. If you share some blame, your compensation is reduced by your percentage of fault.
Negligence and Fault
Fault affects how much compensation you can recover. Illinois uses a modified comparative negligence rule under 735 ILCS 5/2-1116.
You can recover damages only if you’re 50% or less at fault for the crash. If you’re 51% or more at fault, you can’t recover damages from the other party. If you’re 50% or less at fault, your compensation is reduced by your share of fault. For example, if your damages are $100,000 and you’re found 20% at fault, you could recover $80,000.
Legal fault isn’t simply about who seems more to blame. It depends on whether each driver used reasonable care and whether a driver’s actions contributed to the crash. Illinois considers each driver’s conduct, including whether they violated traffic laws, when assigning fault.
Evidence Used in Claims
Evidence Used to Determine Fault
In Illinois car accident claims, fault is based on evidence showing how the crash happened and whether either driver failed to drive safely or follow traffic laws. It’s important to save evidence quickly because insurance companies and courts rely on reliable proof.
Examples of useful evidence include:
- Police reports that list traffic violations, driver statements, and what officers saw at the scene.
- Photos, videos, vehicle damage, and evidence of road or weather conditions.
- Witness statements, especially from people who didn’t know either driver.
- Medical records and accident-reconstruction reports that connect the crash to the injuries.
Your attorney may also be able to obtain electronic vehicle data, security-camera footage, and phone records when they’re relevant. To help prove fault, the evidence must be directly related to the crash and show how a driver may have violated a traffic law or failed to use reasonable care.
Comparative Fault Rules
How much compensation you can recover after a car accident depends on how much of the blame you share for the crash. Illinois uses a modified comparative fault rule under 735 ILCS 5/2-1116.
You can recover damages only if you’re 50% or less at fault. If you’re 51% or more at fault, you can’t recover compensation from another party.
For example, if you’re found 20% at fault and your damages total $100,000, your recovery would be reduced by 20%, leaving you eligible to receive $80,000.
Insurance companies and courts may look at actions such as speeding, distracted driving, failing to yield, or failing to brake when deciding fault. Discussions unrelated to the accident don’t prove fault or increase your recovery.
What If You Were Partly at Fault?
What If You Were Partly at Fault?
You may still be able to recover money after a crash, even if you were partly to blame. In Illinois, you can usually recover damages as long as you weren’t more than 50% at fault. Your compensation is reduced by your share of fault.
For example, if your damages are $100,000 and you’re found 30% at fault, you could recover $70,000.
To protect your claim:
Protect your claim by preserving evidence, tracking losses, and avoiding statements that could be used to unfairly assign blame.
- Save photos, medical records, repair estimates, and witness contact information.
- Don’t admit fault before all the facts are reviewed.
- Keep track of medical bills, missed work, and other crash-related expenses.
- Consider speaking with a lawyer if the insurance company places too much blame on you.
Making a mistake doesn’t automatically mean you lose your right to compensation.
How Uninsured Drivers Affect Your Claim
If an uninsured driver caused your crash, you may be able to get money through the uninsured motorist coverage in your own auto insurance policy. Illinois requires most drivers to have this coverage.
You can also make a claim or file a lawsuit against the driver who caused the crash, but collecting money may be difficult if they don’t have insurance or assets.
The amount you may recover depends on your insurance limits, your injuries and other losses, and the other driver’s ability to pay.
Uninsured Motorist Coverage
If an uninsured driver causes a crash in Illinois, your own uninsured motorist (UM) coverage may help pay for your injuries and other losses. Illinois law generally requires insurance companies to offer UM coverage. See 215 ILCS 5/143a.
Your policy determines how much coverage you have, what’s excluded, and what deadlines you must meet.
- UM coverage may apply when the at-fault driver has no liability insurance.
- It may help pay for medical bills, lost wages, and pain and suffering.
- You still need to show that the uninsured driver caused the crash and prove your losses.
- Report the claim promptly and follow your policy’s notice requirements to protect your rights.
Coverage for vehicle damage may be different. Review your policy or speak with your insurer about the UM benefits available to you.
Filing Claims Against Drivers
You can file an injury claim against the driver who caused your Illinois crash. Even if the driver doesn’t have insurance, you can still sue them and prove they were at fault using evidence like the police report, witness statements, photos, repair records, and medical records.
Keep receipts and invoices for car repairs, towing, maintenance, and other crash-related costs. These documents may help show the condition of your vehicle and the damage caused by the crash.
You must sue the right person, file your case before the legal deadline, and properly deliver the court papers to the driver. An uninsured driver can still be legally responsible for your injuries and losses. However, collecting money after you win a judgment may be difficult if the driver has few assets.
Compensation and Legal Options
If the other driver has no insurance, you may still have options. You can seek compensation, but it may be harder to collect money directly from an uninsured driver.
- Use your uninsured-motorist coverage. Illinois requires most auto insurance policies to include this coverage. It may help pay for your injuries and losses when the other driver is uninsured. See 215 ILCS 5/143a.
- Ask for all of your losses. This may include medical bills, missed paychecks, future treatment costs, and pain and suffering.
- Look into the other driver’s ability to pay. If you consider suing, it may help to find out whether the driver has wages, property, bank accounts, or other assets that could be used to satisfy a judgment.
- Do not miss the deadline to file suit. In many Illinois injury cases, you generally have two years from the crash date to file a lawsuit. See 735 ILCS 5/13-202.
Your insurance company must handle your uninsured-motorist claim fairly. Before accepting a settlement offer, make sure you understand your policy limits and have records of your medical expenses, lost income, and other losses.
Damages You Can Recover After a Crash
Illinois law may allow you to recover compensation for the losses caused by a crash. This can include financial losses, such as medical bills, missed paychecks, and vehicle repairs, as well as personal losses, such as pain and emotional distress.
You may be able to recover compensation for financial and personal losses caused by an Illinois crash.
You may seek payment for reasonable medical treatment, rehabilitation, prescriptions, and travel to medical appointments. If your injuries caused you to miss work, you may also claim lost wages. If the injuries limit your ability to work in the future, you may be able to seek compensation for reduced earning ability.
Property damage claims can include the cost to repair or replace your vehicle, towing fees, and rental car expenses.
You may also recover for losses that don’t come with a bill, including physical pain, emotional distress, scarring or disfigurement, disability, and loss of your ability to enjoy normal daily activities. You’ll need evidence showing that each loss was caused by the crash.
Illinois Deadlines for Claims and Lawsuits
Illinois Deadlines for Injury and Property Damage Claims
After a crash, you have limited time to take legal action. If you miss the deadline, you may lose the right to recover compensation.
In Illinois, you generally have:
- Two years from the date of the injury to file a personal injury lawsuit. See 735 ILCS 5/13-202.
- Five years to file a lawsuit for vehicle damage or other property damage. See 735 ILCS 5/13-205.
- Less time in some cases involving government agencies or public employees. These claims can have special notice rules and shorter deadlines.
Do not assume an insurance claim protects your legal rights. An insurer may continue negotiating even as the deadline to file a lawsuit approaches. It’s important to identify all possible defendants and review your case early.
Frequently Asked Questions
Can I Choose My Own Repair Shop After an Accident?
Yes. You can usually choose the repair shop you want after an accident.
Your insurance company may recommend a preferred or approved shop, but you are not required to use it. Before repairs begin, ask your chosen shop whether it can complete the work and work with your insurer.
If there is a disagreement about the damage, repair costs, or needed repairs, consider getting an independent inspection or estimate.
Will a Traffic Ticket Automatically Prove Fault in Court?
No. A traffic ticket does not automatically prove who was at fault. It can be used as evidence, but you can challenge it. A guilty plea or conviction may carry more weight, but the judge will consider all legally allowed evidence before deciding fault.
Can I Recover Compensation for Diminished Vehicle Value?
You may be able to recover money for the loss in your vehicle’s value after an accident. To support your claim, show that repairs did not bring the car back to its pre-accident market value. Keep repair records, photos, appraisals, and other proof of the vehicle’s reduced value. Be sure to meet any insurance claim deadlines and follow your policy’s requirements.
What Happens if the At-Fault Driver Files for Bankruptcy?
If the at-fault driver files for bankruptcy, your claim may be temporarily paused because of an “automatic stay.” However, you may still be able to pursue payment through the driver’s insurance policy. You should also check whether your own uninsured or underinsured motorist coverage applies. In some cases, you may need permission from the bankruptcy court to continue your claim.
Are Rideshare Accidents Covered by Uber or Lyft Insurance?
Yes. Uber or Lyft insurance may cover a rideshare accident, but coverage depends on what the driver was doing at the time.
- App off: The driver’s personal auto insurance usually applies.
- App on, waiting for a ride request: Limited Uber or Lyft coverage may apply.
- On the way to pick up a passenger or carrying a passenger: Higher Uber or Lyft insurance coverage usually applies.
Illinois requires rideshare companies to carry insurance, but the available coverage can vary. It is important to identify every insurance policy that may apply before seeking compensation.
Conclusion
Illinois law provides a clear process after a car accident. First, make sure everyone is safe. Report the crash when required, exchange accurate information with the other driver, and save any evidence, such as photos, police reports, and medical records.
Your insurance coverage, who was at fault, and whether the other driver has insurance can affect how much you may recover. However, these factors do not take away your right to make a claim. Act quickly, keep records of your losses, and pay attention to filing deadlines to protect your right to seek compensation.
