What to Do After a Car Accident in Chicago

What to do after a car accident can make all the difference in protecting your health, your rights, and your ability to recover compensation. Whether it’s a minor fender bender or a serious collision, the aftermath can feel overwhelming. Auto accidents are stressful for everyone involved, but having a clear plan can ease the chaos.

Our Chicago motor vehicle accident attorneys are here to help you understand your legal options under Illinois law.

At the Scene of the Car Crash: Immediate Actions

What you do right after a car crash can affect your safety, recovery, and any insurance claim’s outcome. If you’re physically able and it’s safe, follow these steps at the accident scene.

Step 1: Stay Calm and Check for Injuries

Take a deep breath and check yourself and any other passengers for injuries. If anyone is seriously hurt, call 911 right away. Emergency personnel can assess and treat on-site injuries or take victims to the hospital.

Avoid moving anyone who is injured unless there’s an urgent danger. Even if injuries seem minor, it’s still important to report them, as some symptoms can take time to appear.

Step 2: Ensure Safety and Prevent Further Accidents

If your vehicle is drivable, move it to the side of the road to reduce the risk of further accidents. Turn on your hazard lights and set up cones or flares if you have them. If your car is disabled, stay inside with your seatbelt on unless it’s unsafe. Guide passengers to a safe location away from traffic while waiting for help.

Step 3: Call the Police

Always call the police, even after a minor crash. An official police report is key for any insurance claim and can help determine legal liability. In Chicago, dial 911 for emergencies or 311 for non-emergency situations.

Illinois law requires reporting any accident with an injury or over $1,500 in property damage. When police officers arrive, cooperate fully, provide your ID, and ask for the badge number of the responding officer.

Step 4: Exchange Information with the Other Driver(s)

Gathering accurate details from the other driver is key. Don’t rely on memory—write it down or take a photo of their documents if they agree.

Be sure to exchange the following:

• Full name and phone number;
• Driver’s license number;
• Insurance company and policy number;
• License plate number;
• Vehicle make, model, and color.

If there are other passengers, note their names as well. This can help if you need additional witness statements or clarity on what happened.

Step 5: Document the Accident Scene

Photos and videos can benefit your insurance claim and any future legal action. Use your phone to capture clear images from multiple angles.

Focus on:

• Vehicle damage on all vehicles involved;
• The entire accident scene, including debris, skid marks, and surrounding areas;
• License plates;
• Any visible injuries to you or others;
• Traffic signs, signals, and road conditions (wet pavement, potholes, etc.).

The more detail you collect now, the better prepared you’ll be for the claims process and, if necessary, a legal claim for medical expenses, property damage, or lost wages.

Step 6: Collect Info from Witnesses

Witnesses can provide valuable third-party insight into how the crash happened. If anyone saw the accident, ask for their:

• Full name;
• Phone number;
• Briefly describe what they saw (you can jot this down or ask if they’re willing to share it later).

Independent witnesses can be helpful in cases where there’s a dispute about who was at fault for the accident. Keep this information safe and pass it on to your car accident lawyer or insurance company if needed.

After Leaving the Scene of Auto Accidents: Next Steps

There’s still important work to do once you’ve left the accident scene. The following hours and days can significantly impact your health, financial recovery, and how smoothly the insurance claim process goes. Taking the proper steps now can protect your rights and prepare you for whatever comes next.

Seek Medical Attention, Even if You Feel Fine

Don’t assume you’re okay because you can escape the crash. Injuries from a car accident don’t always show up right away. Whiplash, soft tissue injuries, concussions, and internal damage can take hours—or even days—to become apparent.

Get checked out by a doctor as soon as possible, whether in the emergency room, an urgent care clinic, or your regular physician. Medical records created right after a car crash help protect your health and key evidence if you need to file a claim for medical bills, lost wages, or ongoing care.

If you delay getting medical treatment, the insurance company may argue that your injuries weren’t related to the accident, making it harder to recover damages.

Keep Detailed Records of Everything

Organization matters. Keep a dedicated digital or physical folder for all documents related to the accident. These records will be necessary for your insurance claim and any legal steps you take later.

Include the following:

• A copy of the police report;
• Medical records and medical bills;
• Photos and videos from the accident scene
• Names, phone numbers, and addresses of all parties involved, including witnesses;
• Your insurance claim number and any communication with your insurance adjuster;
• Receipts for out-of-pocket expenses, like towing, a repair shop, or a rental vehicle;
• Documentation of lost wages if you had to miss work due to injuries.

Contact Your Insurance Company

Tell your insurance company about the car accident as soon as possible—even if you weren’t at fault. Many policies require timely notice to trigger coverage, including for things like a collision claim, vehicle damage, or medical coverage.

When you report the accident:

• Share only the essential facts of what happened;
• Do not admit fault for the accident, even if you think you may have been responsible;
• Provide the other driver’s information, including their insurance company and policy number;
• Ask about your coverage, especially if you’re unsure whether you have rental car reimbursement or medical payment coverage.

Understanding Illinois’ Fault-Based Insurance System

Illinois follows a fault-based insurance system. That means the driver found at fault for the accident is responsible for covering the damages through their insurance company. This includes property damage, medical expenses, and other losses like lost wages.

If you’re injured in a car accident in Illinois, you can file an insurance claim with the at-fault driver’s insurer, seek compensation through your insurance company if applicable, or pursue legal action against the other driver.

Illinois also follows what’s called a comparative negligence rule (735 ILCS 5/2-1116). Under this rule, you can still recover damages even if you were partially at fault—as long as your share of the blame is 50% or less.

However, your compensation will be reduced based on your percentage of fault. For example, if you’re awarded $20,000 in damages but found 20% responsible for the car crash, you’d receive $16,000.

But if you’re more than 50% at fault, Illinois law bars you from receiving compensation from the other driver’s insurance company.

Be Wary of the Other Driver’s Insurance Company

After a car accident, it’s common for the other driver’s insurance company to reach out—sometimes just a day or two after the crash. They may seem friendly, but it’s important to remember that their goal is to protect their company’s bottom line, not your well-being.

You are not required to give a recorded statement to the other party’s insurance adjuster, and doing so could hurt your insurance claim. Even casual comments can be taken out of context or used to shift legal liability onto you.

Be especially cautious if they offer you a quick settlement. These early offers often fall short of covering the full extent of your medical bills, vehicle damage, and lost wages—especially if your injuries haven’t fully developed or been diagnosed yet.

It’s wise to talk to a car accident lawyer before speaking with the other driver’s insurance company or agreeing to anything in writing. An experienced attorney can deal with the insurance company on your behalf, help you understand the full value of your claim, and push back against lowball offers that don’t reflect your actual losses.

The Claims Process: What to Expect

Filing an insurance claim sets a series of steps in motion. Here’s what typically happens next.

Once you file with your insurance company or the other drivers, a claim number is assigned, and an insurance adjuster begins reviewing your case. They’ll investigate the accident scene, examine the police report, assess your vehicle damage, and review your medical records. You may be asked for statements or additional documents.

If your vehicle can be repaired, you’ll receive an estimate and can typically choose a repair shop. The insurance company will offer compensation based on the market value if it’s a total loss. You must submit medical bills, documentation of lost work, and proof of continuing care for injuries.

After reviewing the evidence, the insurance company may offer a settlement. Your car accident lawyer can negotiate or file a lawsuit if the offer doesn’t cover your losses.

How a Chicago Car Accident Lawyer Can Help

After a car accident, dealing with the insurance company, medical bills, and vehicle damage can quickly become overwhelming. A Chicago car accident lawyer can handle the legal side so you can focus on recovery.

Your attorney will manage all communication with your insurance company and the other drivers, protecting you from making statements that could hurt your insurance claim. They’ll investigate the accident scene, gather evidence, review the police report, and work to prove fault for the accident.

With experience negotiating fair settlements, your lawyer will fight to ensure the insurance company pays what you’re owed for your medical expenses, property damage, lost wages, and more. They can also file a lawsuit under Illinois law to pursue full compensation if needed.

Having a lawyer helps protect your rights and gives you the best chance to recover damages after a serious car crash.

Secure Expert Legal Counsel

At Rosenfeld Injury Lawyers, we’ve successfully handled thousands of auto accidents across Chicago and throughout Illinois. We know how to deal with insurers, build strong claims, and fight for the full compensation our clients deserve.

We offer a free, no-obligation consultation to review your case and answer your questions. Our firm works on a contingency fee basis, meaning you owe us nothing unless we recover your money.

Call us at (888) 424–5757 or complete our contact form to schedule your free consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.