What to Do After a Car Accident in Illinois: Insurance Claims Step by Step
The Minutes After an Accident Matter
A car accident is disorienting. Your adrenaline spikes, your mind races, and making clear decisions feels impossible. But the actions you take in the minutes and hours after a collision directly affect your insurance claim, your legal rights, and your financial outcome.
Here’s exactly what to do, step by step.
At the Scene
1. Check for Injuries
Safety first. Check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately. Do not move injured people unless there’s an immediate danger such as fire or traffic.
2. Move to Safety
If the vehicles are drivable and the accident is minor, move them to the shoulder or a parking lot to avoid blocking traffic. Turn on hazard lights.
3. Call the Police
In Illinois, you’re required to report any accident that involves injury, death, or property damage exceeding $1,500. Even for minor accidents, a police report creates an official record that supports your insurance claim. Request the report number before the officer leaves.
4. Exchange Information
Get from the other driver or drivers:
• Full name and contact information
• Insurance company and policy number
• Driver’s license number
• Vehicle make, model, color, and license plate
Provide the same information to them. Be factual and polite, but do not admit fault or apologize. Even a casual “I’m sorry” can be used against you later.
5. Document Everything
• Photograph all vehicles from multiple angles
• Photograph the accident scene, including road conditions, traffic signs, and skid marks
• Photograph any visible injuries
• Get contact information from witnesses
• Note the time, weather, and road conditions
6. Seek Medical Attention
Even if you feel fine, see a doctor within 24-48 hours. Some injuries, including whiplash, concussions, and internal injuries, don’t present symptoms immediately. A medical record linking your injuries to the accident is essential if you need to file a claim later.
Filing Your Insurance Claim
Contact Your Agent or Carrier
Report the accident to your insurance company as soon as possible, ideally the same day. Provide the facts without speculation about fault. Your agent can guide you through the process and help you understand your coverage.
Understand Your Coverage
• Collision: Pays to repair or replace your vehicle regardless of fault, minus your deductible
• Liability: Pays for the other party’s damage and injuries if you’re at fault
• Uninsured/Underinsured Motorist: Covers you if the other driver has no insurance or insufficient coverage
• Medical Payments (MedPay): Pays your medical bills regardless of fault
• Rental car coverage: Pays for a rental while your car is being repaired
Dealing With the Other Driver’s Insurance
If the other driver was at fault, their insurance should pay for your damages. However, their insurer works for them, not you. Be cautious:
• Don’t give a recorded statement to the other insurer without consulting your agent
• Don’t accept a quick settlement before understanding the full extent of your damages
• Don’t sign any releases without reading them carefully
Fault Determination in Illinois
Illinois is a modified comparative fault state. This means:
• You can recover damages even if you’re partially at fault, as long as you’re less than 50% responsible
• Your recovery is reduced by your percentage of fault. If you are 20% at fault, your payout is reduced by 20%
• If you’re 50% or more at fault, you cannot recover from the other driver
When to Involve an Attorney
For minor fender benders with no injuries, the insurance process is usually straightforward. Consider consulting an attorney if:
• You or anyone sustained significant injuries
• Fault is disputed
• The other driver was uninsured
• The insurance company’s settlement offer seems low
• The accident involved a commercial vehicle or government vehicle
Protect Yourself Before an Accident Happens
• Carry adequate liability limits. We recommend at least $250,000/$500,000
• Add uninsured/underinsured motorist coverage. This is essential in Illinois
• Consider an umbrella policy for catastrophic accident scenarios
• Keep your declarations page in your glove box or phone
Get Your Auto Coverage Reviewed
Longmeadow Insurance is an independent agency in Wilmette serving Chicago’s North Shore. We’ll review your auto policy to make sure you’re properly protected before an accident happens. Request a free quote or call (847) 242-1040.