A car crash is disorienting even when no one is badly hurt. In the moments and weeks afterward, you may be asked to make decisions about medical care, insurance claims, repair estimates, and conversations with adjusters, often while you are still processing what happened. This guide explains the practical steps to take after a collision in Chicago or elsewhere in Cook County, along with the Illinois rules that most often shape what happens next.

First priorities at the scene

Safety comes first. If you can do so safely, move vehicles out of traffic, turn on hazard lights, and check on everyone involved. Call 911 if anyone is injured or if the vehicles are blocking traffic.

Illinois law imposes specific duties on drivers involved in a crash:

  • Stop and remain at the scene. Leaving the scene of a crash, particularly one involving injury or death, can be a serious criminal offense under the Illinois Vehicle Code.
  • Exchange information. Drivers must provide their name, address, vehicle registration, and, on request, driver's license and insurance information to the other people involved.
  • Render reasonable assistance to anyone who is injured, including arranging medical help.
  • Notify police when required. If no officer is present, Illinois law (625 ILCS 5/11-407) requires drivers to notify police by the fastest available means when a crash results in injury or death, or property damage over $1,500 (or over $500 if any vehicle involved is uninsured).

Illinois once required drivers to file their own written crash report with the state within 10 days. That requirement was repealed in 2021; today, the investigating police agency forwards its report to the state. That is one more reason to call police to the scene so an official report is created.

In Chicago, crashes on city streets are generally handled by the Chicago Police Department, while crashes on the expressways are usually handled by the Illinois State Police. Knowing which agency responded will help you request the crash report later.

Document everything you reasonably can

Evidence fades quickly. If you are physically able, consider collecting:

  • Photos of all vehicles, license plates, road conditions, traffic signals, skid marks, and visible injuries;
  • Names and contact information for witnesses;
  • The responding officer's name, badge number, and the report number;
  • Notes about the time, weather, lighting, and what each driver said.

Nearby businesses, CTA buses, and private doorbell cameras sometimes capture collisions. Footage may be overwritten within days, so if video may matter, it is worth acting quickly or asking a lawyer to send a preservation request.

Avoid arguing about fault at the scene, and avoid posting about the crash on social media. Statements made in the moment can be quoted later.

Get a medical evaluation

Some injuries, including concussions and soft-tissue injuries, are not obvious right away. Getting evaluated promptly protects your health and creates a record linking any injuries to the crash. Keep copies of medical bills, visit summaries, prescriptions, and notes about missed work.

Illinois insurance basics

Illinois is an at-fault (tort) state. In general, the driver who caused the crash, and that driver's insurer, is responsible for resulting damages. Illinois requires drivers to carry minimum liability insurance and uninsured motorist coverage. As of this writing, the statutory minimum liability limits are $25,000 per person and $50,000 per crash for bodily injury, and $20,000 for property damage. Minimums can change, so check the Illinois Secretary of State or Department of Insurance for current requirements, and remember that serious injuries can easily exceed minimum limits.

Coverage worth reviewing in your own policy includes:

  • Uninsured motorist (UM) coverage, which can apply if the at-fault driver has no insurance or flees the scene;
  • Underinsured motorist (UIM) coverage, which can help if the at-fault driver's limits are too low;
  • Medical payments coverage, which may help with medical bills regardless of fault;
  • Collision coverage, for your own vehicle repairs.

Notify your own insurer promptly; most policies require timely notice and cooperation. Be cautious about giving a recorded statement to the other driver's insurer before you understand your injuries and your rights. You are generally not required to give one, and you can ask that communications go through your attorney.

How fault is shared: modified comparative negligence

Illinois follows a modified comparative negligence rule (735 ILCS 5/2-1116). If you are found partly at fault, any damages you recover are reduced by your percentage of fault. If you are found more than 50% at fault, you generally cannot recover damages from the other party. Because fault percentages affect the value of a claim, insurers often look for reasons to assign some responsibility to each driver.

What damages may be available

Depending on the facts, a person injured in a crash caused by someone else's negligence may seek compensation for:

  • Medical expenses, past and future;
  • Lost wages and reduced earning capacity;
  • Pain and suffering and loss of normal life;
  • Property damage, including vehicle repair or replacement and rental costs.

No website can tell you what a claim is worth. Value depends on the injuries, the evidence of fault, available insurance, and many other factors.

Deadlines that can end a claim

Illinois statutes of limitation are strict. Common deadlines include:

  • Two years from the date of injury for most personal injury claims (735 ILCS 5/13-202);
  • Five years for most property damage claims (735 ILCS 5/13-205);
  • Two years for most wrongful death actions under the Wrongful Death Act, measured from the date of death.

Claims against government entities are different and often much shorter. The Local Governmental and Governmental Employees Tort Immunity Act generally sets a one-year limitation period for claims against local public entities and their employees, such as the City of Chicago. Claims involving the CTA or other public transit bodies may have their own notice requirements. If a city vehicle, a CTA bus, or a road defect is involved, speak with an attorney quickly.

Special rules may apply to minors and to people under a legal disability. Because exceptions are technical, do not assume you have more time than the general rule allows.

Rideshare, pedestrian, and bicycle crashes

Chicago's dense streets mean many crashes involve rideshare vehicles, pedestrians, cyclists, and scooters. Illinois's Transportation Network Providers Act sets insurance requirements for rideshare drivers that depend on whether the driver was logged into the app, waiting for a ride request, or carrying a passenger. Pedestrian and cyclist claims often turn on detailed evidence about signals, crosswalks, and lane positioning, so prompt documentation matters even more.

How claims move through the Cook County courts

Most crash claims resolve through insurance negotiations without a lawsuit. When a case is filed, it is typically handled in the Circuit Court of Cook County, with larger claims in the Law Division at the Richard J. Daley Center and smaller claims in the Municipal Department. Some lower-value cases are sent to court-annexed mandatory arbitration before trial.

Working with a lawyer

Personal injury lawyers in Illinois commonly work on a contingency fee basis, meaning the fee is a percentage of any recovery. Under the Illinois Rules of Professional Conduct, a contingency fee agreement must be in writing and explain how the fee is calculated. Ask any lawyer you consult how costs are handled and what happens if there is no recovery.

It may be worth talking with an attorney when:

  • Anyone was injured, especially if treatment is ongoing;
  • Fault is disputed or the police report seems inaccurate;
  • The other driver was uninsured, underinsured, or fled;
  • A government vehicle, CTA bus, commercial truck, or rideshare driver was involved;
  • An insurer is pressing for a quick settlement or recorded statement.

A calm checklist

  • Call 911 and get medical care as needed.
  • Exchange information and note the report number.
  • Photograph the scene and gather witness contacts.
  • Notify your insurer; think before giving statements to the other insurer.
  • Keep a folder of bills, records, and correspondence.
  • Track deadlines, especially if a public entity is involved.

If you would like your situation reviewed by Henry Dog, a Chicago attorney, you can describe what happened in general terms through our contact form. If it is not a matter the attorney handles, you may be pointed toward other resources.

Frequently asked questions

Do I have to report a minor car accident in Chicago?

If no officer comes to the scene, Illinois law requires notifying police when a crash causes injury or death, or property damage over $1,500 (over $500 if any vehicle is uninsured). Even for minor crashes, a police report can help with insurance claims.

How long do I have to file a car accident lawsuit in Illinois?

Most personal injury claims must be filed within two years of the injury, and most property damage claims within five years. Claims against local government entities, such as the City of Chicago, generally have a one-year deadline and may involve additional notice requirements.

Can I recover anything if I was partly at fault?

Under Illinois's modified comparative negligence rule, you may recover damages reduced by your share of fault, as long as you are not more than 50% at fault.