The moments following a car accident can be confusing and stressful. Drivers and passengers may be injured, traffic may still be moving around damaged vehicles, and no one may fully understand how the collision occurred.
What you do immediately after an Illinois car accident can affect your safety, medical recovery, insurance coverage, and ability to pursue compensation. The most important priorities are to move away from immediate danger, call for emergency assistance, report the collision, obtain medical attention, and preserve as much reliable evidence as the circumstances allow.
You should not put yourself at further risk to take photographs or gather information. However, when you are physically able to do so safely, taking several practical steps can prevent evidence from disappearing and reduce avoidable insurance disputes.
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After a collision, check yourself and your passengers for injuries. Call 911 when anyone may be hurt, a vehicle is blocking traffic, a driver appears impaired, a motorist leaves the scene, or the collision creates another immediate danger.
Do not assume that someone is uninjured because there is no visible bleeding. Concussions, internal injuries, spinal injuries, and soft-tissue conditions may not be immediately obvious.
Tell the dispatcher where the crash occurred, whether anyone appears injured, how many vehicles are involved, and whether there are additional hazards such as leaking fuel, fire, debris, or an aggressive driver.
Do not move a person with a suspected head, neck, or spinal injury unless remaining in place creates a more serious danger. Follow instructions from emergency dispatchers and medical personnel.
Illinois law requires a driver involved in a crash causing injury or death to stop and remain at the scene until the driver has fulfilled the applicable duties. The law also permits a driver to move the vehicle to a nearby safe location that does not obstruct traffic, provided the driver remains there and complies with the reporting and information-exchange requirements.
If the vehicle can be moved safely, consider moving it to a shoulder, frontage road, exit ramp, parking lot, or other nearby location away from active traffic. Turn on the hazard lights and remain alert for approaching vehicles.
Do not attempt to move a vehicle when doing so would be unsafe, the vehicle is severely damaged, someone is trapped, or emergency personnel instruct you to leave it in place.
Moving a vehicle to safety does not necessarily amount to leaving the scene. The driver must remain nearby, provide required information, and cooperate with law enforcement.
Illinois requires immediate notice to law enforcement when a crash causes injury or death. Notice is also required when property damage exceeds $1,500, or exceeds $500 when an involved vehicle is not covered by liability insurance. Special reporting provisions also apply to certain school bus accidents.
Call 911 or the appropriate local law enforcement agency. Depending on the location, the responding agency may be a municipal police department, county sheriff’s office, or Illinois State Police.
When officers arrive, provide accurate information about what happened. Do not guess about speed, distance, timing, or another driver’s conduct when you do not know the answer. It is acceptable to tell the officer that you are unsure or that events happened too quickly for you to observe a particular detail.
If law enforcement does not respond, ask the appropriate agency how the collision should be reported. The Illinois State Police provides an online reporting system for limited categories of crashes, including certain noninjury, property-damage-only crashes occurring on interstate highways or state roadways under ISP jurisdiction. Chicagoland freeway crashes may also qualify for an in-person desk report within 10 days.
Do not assume that every accident can be reported through the ISP online system. Its availability depends on the location, the investigating agency’s jurisdiction, and whether the crash meets the stated eligibility requirements.
Illinois drivers involved in a reportable collision are expected to provide identifying and vehicle information. Obtain the other driver’s full name, address, telephone number, driver’s license number, license plate, vehicle registration, and insurance information.
Confirm whether the person driving owns the vehicle. When the vehicle is owned by another person or business, record the owner’s name and contact information.
Also ask whether the driver was working, making a delivery, transporting a passenger, operating a company vehicle, or performing another business-related activity. An employer or commercial insurance policy may be relevant when the driver was acting within the scope of employment.
Photograph the driver’s insurance card, license plate, and vehicle registration when permission and safety allow. Write the information down as well in case a photograph is blurred or lost.
Remain calm and limit the conversation to safety, medical assistance, and exchanging information.
Do not argue about who caused the collision. Avoid saying that the accident was your fault, even when you believe you may have made a mistake. You may not yet know whether the other driver was distracted, speeding, impaired, or violating another traffic rule.
An apology made out of concern can also be taken out of context. You can ask whether someone needs help without offering a conclusion about legal responsibility.
Illinois follows modified comparative negligence. A person who is not more than 50 percent at fault may still recover compensation, although the recovery is reduced by that person’s percentage of responsibility. Statements made at the scene may later be used during that analysis.
When you are physically able to do so without entering traffic or placing yourself at risk, take photographs and video of the scene.
Document the position and damage of each vehicle, points of impact, debris, skid marks, traffic signals, stop signs, lane markings, construction barriers, weather, lighting, road defects, and obstructions to visibility.
Take wide photographs showing the overall scene and closer photographs showing specific damage. Photograph all sides of the vehicles, not only the most visibly damaged area.
Damage patterns can help establish the direction and force of impact. Scene photographs may also resolve later disagreements about traffic controls, vehicle placement, sightlines, or road conditions.
Look for nearby businesses, residences, traffic cameras, doorbell cameras, or dashboard cameras that may have recorded the crash. Video can be overwritten quickly, so potential sources should be identified as early as possible.
Independent witnesses can be extremely important when drivers provide conflicting accounts.
Ask witnesses for their full names, telephone numbers, and email addresses. Do not rely on the police officer to identify every witness. Some people leave before officers arrive or assume someone else has already provided the information.
A witness may have observed whether a driver ran a red light, failed to yield, changed lanes, followed too closely, used a phone, or appeared to be speeding. A witness may also have photographs or dashboard-camera footage.
Avoid coaching witnesses or telling them what you believe they saw. Simply ask them to preserve any recordings and provide an accurate account.
Accept emergency treatment when it is recommended. Even when an ambulance is unnecessary, seek an appropriate medical evaluation if you experience pain, headaches, dizziness, confusion, numbness, weakness, restricted movement, nausea, blurred vision, or other symptoms.
Adrenaline can temporarily mask injuries. Neck pain, back pain, concussion symptoms, and other conditions may become more noticeable several hours or days after a crash.
When receiving treatment, describe every symptom accurately. Explain when the symptoms began, whether they have changed, and how they affect movement and daily activities. Do not exaggerate symptoms, but do not omit a problem because another injury feels more serious.
Follow reasonable treatment instructions and attend scheduled appointments. Insurance companies often examine whether the medical records consistently connect the condition to the collision. Long, unexplained treatment gaps can create disputes over whether the crash caused the injury or whether the person recovered.
Report the collision to your own insurance company promptly, even when another driver appears responsible. An auto policy may require timely notice and cooperation as a condition of coverage.
Depending on the policy, your insurer may provide collision coverage, medical payments coverage, rental reimbursement, towing, uninsured motorist coverage, or underinsured motorist coverage.
The Illinois Department of Insurance explains that a policyholder may have the option to submit a first-party claim to the policyholder’s own insurer or a third-party claim to the other driver’s insurer, depending on the coverage and circumstances.
Reporting the collision does not mean you should speculate about fault or immediately agree to every request. Provide accurate basic information and review any request for a recorded statement, medical authorization, examination, or extensive records carefully.
The other driver’s insurance adjuster may contact you shortly after the crash. The adjuster may ask for a recorded statement, medical authorization, description of your injuries, or early settlement.
The adjuster represents the insurance company and its policyholder. The adjuster does not act as your attorney or neutral advisor.
Do not guess about facts you do not know. Avoid minimizing injuries before their extent is understood. A statement such as “I am fine” may later be used to dispute symptoms that developed after the initial shock wore off.
Be cautious about signing a broad medical authorization. An unrestricted authorization may allow the insurer to obtain records concerning unrelated conditions and search for alternative explanations for your symptoms.
Do not accept an early settlement before you understand the diagnosis, treatment plan, time away from work, possible future care, and the scope of the release. A signed release generally ends the claim against the released parties.
Do not discard damaged personal property that may be relevant to the collision or injuries. Preserve items such as a damaged child safety seat, motorcycle helmet, bicycle, phone, glasses, clothing, or other property.
Avoid repairing, selling, or disposing of a severely damaged vehicle before important evidence has been documented and any necessary inspection has occurred. This is particularly important when the case may involve a defective vehicle component, tire failure, commercial truck, or disputed point of impact.
Save electronic evidence, including photographs, videos, text messages, navigation history, dash-camera recordings, fitness-device data, and communications with insurers.
Do not edit original photographs or videos. Keep copies in more than one secure location.
Create a dedicated file for the claim. Save medical bills, medical records, prescription receipts, repair estimates, towing charges, rental expenses, wage statements, employer communications, insurance letters, and out-of-pocket costs.
Keep track of work missed because of medical appointments or physical restrictions. People who are self-employed, paid by commission, or working irregular schedules may need tax records, invoices, calendars, contracts, and other business documentation.
A brief daily journal can document pain, sleep problems, medication effects, physical limitations, missed family activities, and difficulty completing ordinary tasks. Keep the entries accurate and avoid exaggeration.
Insurance companies and defense attorneys may review public social media content.
Do not post photographs of the accident, descriptions of how it happened, comments about the other driver, medical updates, settlement discussions, or statements about fault.
Unrelated photographs can also be taken out of context. A single image from a family event or recreational activity may be used to argue that an injured person is less limited than medical records suggest.
Changing privacy settings does not guarantee that content will remain confidential. The safer approach is to avoid posting about the claim and use caution with unrelated activity posts while the case remains pending.
Illinois generally provides two years to file a personal injury lawsuit arising from a vehicle collision. However, shorter notice requirements or different deadlines may apply when a government vehicle, public employee, minor, fatality, insurance policy, or other special circumstance is involved.
Insurance negotiations do not automatically extend the applicable filing period. Evidence can also disappear long before the legal deadline.
Prompt legal advice may be especially important when the injuries are serious, fault is disputed, the responsible driver was uninsured, a commercial vehicle was involved, multiple parties may be responsible, or an insurer has requested a broad statement or release.
You should contact law enforcement when the crash causes an injury or death, when property damage appears to exceed the applicable reporting threshold, when a driver is uninsured, when a driver leaves the scene, or when another safety concern exists. Illinois requires immediate notice for injury crashes and qualifying property-damage crashes.
Even after a seemingly minor collision, a police report can document the parties, vehicles, insurance information, witnesses, and scene conditions.
Yes, when the vehicle can be moved safely to a nearby location that does not obstruct traffic. Illinois law allows a driver to move from the immediate crash location to a suitable nearby safe place, provided the driver remains there and fulfills the applicable legal duties.
Do not move the vehicle when it is unsafe, someone is trapped, or emergency personnel tell you to leave it in place.
Obtain the driver’s name, contact information, driver’s license, license plate, registration, insurance company, and policy number. Also determine who owns the vehicle and whether the driver was working at the time.
Do not argue or attempt to physically prevent the driver from leaving. Call law enforcement, document the vehicle and license plate when safely possible, and provide officers with the available information.
Notify your own insurer promptly because uninsured motorist, collision, or other first-party coverage may become relevant.
Accept emergency transportation when symptoms or emergency personnel indicate it is appropriate. A person should not refuse medically necessary care solely because of concerns about cost or the insurance claim.
When emergency transportation is unnecessary, seek an appropriate medical evaluation promptly if symptoms develop.
Delayed symptoms are possible after a collision. Seek appropriate medical care and provide an accurate history of when the symptoms began and how they progressed.
A delay does not automatically prevent a claim, but longer unexplained delays may make medical causation more difficult to establish.
You may need to notify the insurer that a claim exists, but use caution when discussing fault, injuries, prior medical history, or settlement value.
The other driver’s insurer represents its policyholder. Consider obtaining legal advice before giving a recorded statement or signing a medical authorization in a serious or disputed case.
Generally, yes. Your policy may require prompt notice, and your own coverage may apply even when another driver caused the accident. The Illinois Department of Insurance confirms that a person may be able to file through the person’s own policy when the appropriate coverage exists.
Call 911, do not pursue the vehicle, and provide the police with the license plate, vehicle description, direction of travel, and driver description when known.
Ask witnesses whether they recorded the vehicle. Notify your insurer because uninsured motorist coverage may apply to a qualifying hit-and-run claim.
Consider contacting an attorney promptly when injuries require ongoing treatment, fault is disputed, the insurer alleges comparative negligence, a commercial or government vehicle is involved, the driver is uninsured, or the insurer requests a release or broad medical authorization.
Early involvement may help preserve surveillance footage, electronic vehicle data, witness testimony, and other evidence that could otherwise be lost.
The first steps after a crash can affect the entire claim. Injured people should focus on safety and medical treatment while also taking reasonable measures to report the accident, preserve evidence, notify the appropriate insurers, and avoid premature statements or settlements.
Robert Edens Law Office represents car accident victims throughout Antioch, Waukegan, Grayslake, Lake Zurich, Woodstock, Barrington, Lake County, McHenry County, and surrounding Northern Illinois communities.
Call (847) 395-2200 or contact Robert Edens Law Office to request a free consultation about an Illinois car accident claim.
For a broader discussion of liability, insurance, compensation, and the claim process, read the firm’s Illinois Car Accident Claims Guide.
This page provides general legal information and is not a substitute for advice concerning a specific accident, injury, or insurance policy.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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