What to Do After a Car Accident That’s Not Your Fault in Chicago

Getting into a car accident is stressful—especially if it wasn’t your fault. In the moment of a traumatic event, confusion, adrenaline, and shock can make it hard to think clearly.

This is compounded if you suffered from physical injuries during the accident. But taking the right steps immediately after the car crash can protect your rights and help you secure fair compensation.

Unlike no-fault states, Illinois has a fault-based system for car accident claims, meaning the driver responsible for the crash must cover the damages. That’s why it’s essential to gather evidence, report the accident, and protect yourself legally by contacting a Chicago car accident lawyer as soon as possible.

Here’s exactly what to do after a car accident that wasn’t your fault in Chicago.

How Do You Know the Accident Wasn’t Your Fault?

Fault in car accidents is based on negligence, meaning one driver failed to act responsibly and caused the crash. If an accident happened because the driver was speeding, distracted, or ignoring traffic laws, they’re typically at fault and legally responsible for the consequences.

You may be entitled to make a third-party claim for full compensation from the other driver’s insurance company.

Some of the most common at-fault accidents include:

• Rear-end collisions
• Failure to yield
• Distracted driving accidents
• Speeding-related crashes

Under the Illinois modified comparative negligence rule (735 ILCS 5/2-1116), you can still receive compensation from the at-fault driver’s insurer if, after establishing fault, you’re found to be less than 50% at-fault. However, your compensation will be reduced by the percentage of your fault.

13 Things to Do After a Car Accident in Chicago

Our expert personal injury lawyers recommend the following steps after an accident.

1. Move to a Secure Location

Immediately after the car crash, if possible, move yourself and any passengers or pedestrians to a safe location.

If your car is drivable, move it to the side of the road and turn on hazard lights to warn other drivers. If your vehicle is disabled, exit safely and stand in a secure location away from traffic. Never remain in the car, even if oncoming traffic is moving at slow speeds.

2. Check for Injuries and Seek Medical Attention

Once you are in a safe place, check yourself, your passengers, and anyone else involved in the accident for injuries.

Even if injuries seem minor, call 911 and request emergency responders. Some serious injuries, such as whiplash, concussions, or internal bleeding, may not show symptoms right away but can become serious if left untreated.

Remember, Illinois law requires law enforcement to be called for accidents involving injury or death. Whether you are the at-fault driver or not, ensuring the safety and correct medical treatment of those involved in the accident is paramount.

3. Call the Police and File a Report

Under Illinois law, you must report an accident if it results in injury, death, or property damage exceeding $1,500. Failure to comply with these requirements can result in severe penalties, including felony charges and revocation of driving privileges. ​

Calling the police is important because officers will document the scene, take witness statements, and file an official accident report. This report serves as critical evidence when filing an insurance claim or pursuing legal action.

If the other driver flees the accident scene, the accident becomes a hit-and-run, which is a criminal offense in Illinois. Filing a police report in such cases can help law enforcement track down the at-fault driver and support your uninsured motorist claim if needed.

4. Gather Information at the Accident Scene

Before leaving the scene, collect as much information as possible. This step will help you navigate insurance claims later.

Exchange contact information, and get the other driver’s name, contact information, driver’s license number, and insurance information. Write down the make, model, color, and license plate number of all the other vehicles involved.

If there are any witnesses, ask for their contact details as their statements may help determine fault later. Additionally, take note of the responding officer’s name and badge number, as you may need to reference their report later.

5. Take Photos and Videos as Evidence

Using your phone, document everything you can about the accident.

Take clear photos of all vehicles involved, focusing on each car’s damage. Also capture images of the road conditions, traffic signals, traffic signs, skid marks, weather conditions, and any visible injuries.

If possible, record a video walkthrough of the accident scene to provide a detailed overview. Your car accident attorney will find visual evidence crucial when dealing with insurance companies or to prove fault later.

If you have physical injuries, make sure to collect evidence of medical treatment provided, both at the scene and after the auto accident. This will be crucial in receiving full compensation to cover medical bills.

6. Avoid Admitting Fault or Making Statements

It’s natural to want to apologize after a car accident, but even saying “I’m sorry” can be misinterpreted as admitting fault.

When speaking with all the other parties involved, including the other driver, police officers, or insurance companies, avoid discussing who was responsible and stick to the facts. The determination of fault should be based on evidence, not personal opinions or offhand comments made in the moment.

7. Report the Accident to Your Insurance Company

Illinois law requires drivers to report car accidents to their insurance provider.

When contacting your own insurer, provide only the necessary details about what happened. Avoid speculating about fault or giving recorded statements without first speaking to a car accident lawyer.

Remember: Auto insurance adjusters may try to minimize payments by shifting partial blame onto you, so it’s important to be cautious in these conversations.

8. File a Claim with the At-Fault Driver’s Insurance

Because Illinois is a fault-based state, you will likely need to file a third-party insurance claim with the at-fault driver’s insurance company.

However, insurance companies are not always quick to pay out claims. They may offer a low settlement, delay processing, or even dispute liability altogether.

Before accepting any settlement offer, it’s wise to consult a car accident lawyer who can evaluate whether compensation from your claim fully covers your damages. If negotiations stall, legal action may be necessary to secure what you’re owed.

9. Be Cautious When Dealing with Insurance Adjusters

An insurance adjuster may contact you after the car accident from the other driver’s insurer. When speaking with insurance adjusters, remember their goal is to save the auto insurance company money, not to pay you fairly.

They may ask questions designed to shift some of the blame onto you, request recorded statements to use against you, or pressure you into accepting a settlement that undervalues your claim. A car accident attorney can handle these negotiations on your behalf, ensuring you receive the maximum compensation possible.

10. Understand Illinois’ Insurance and Liability Laws

​In Illinois, all drivers are required to carry minimum liability insurance coverage of:

• $25,000 per person for bodily injury;
• $50,000 per accident for bodily injury;
• $20,000 for property damage, such as vehicle repairs.

Additionally, Illinois law mandates uninsured motorist bodily injury coverage with minimum limits of $25,000 per person and $50,000 per accident.

If you choose to purchase uninsured motorist (UM) coverage above the state-required minimum limits, you must also purchase underinsured motorist (UIM) coverage at the same higher limit. While this may increase your insurance premiums, these coverages provide financial protection if the at-fault driver is uninsured, underinsured, or flees the scene of the motor vehicle accident.​

11. Get Medical Treatment, Even If You Feel Fine

Even if you walk away from the accident, seek medical attention as soon as possible.

Some injuries do not present symptoms immediately but can have serious long-term effects. A medical examination ensures any hidden injuries are diagnosed early. It also creates a medical record linking your injuries to the car accident, which can be essential for a third-party insurance claim or lawsuit.

12. Keep Track of All Accident-Related Expenses

After an accident, you may be entitled to compensation for:

• Medical bills
• Associated medical expenses
• Lost wages
• Vehicle damage and car repairs
• Pain and suffering

Keep copies of all medical records, invoices, and receipts, as well as any communication with insurance companies. Thorough documentation strengthens your case and ensures that you are reimbursed for all car accident-related costs.

13. Consider Filing a Personal Injury Lawsuit

If, after determining fault, the insurance company refuses to offer a fair settlement, filing a personal injury lawsuit may be necessary.

Under, 735 ILCS 5/13-202, https://www.rosenfeldinjurylaw.com/updates/illinois-personal-injury-statute-of-limitations/, meaning you must file within two years of the car accident to seek compensation. A lawsuit may also be required if the at-fault driver is uninsured and you need to pursue damages directly from them.

If you’ve been injured in a car crash that wasn’t your fault, contact a car accident attorney as soon as possible to discuss your options. An expert car accident attorney can evaluate your case, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

If the at-fault driver’s insurer refuses to offer a fair settlement, or the vehicles did not have insurance coverage, filing a personal injury lawsuit may be the best way to recover compensation for medical bills, lost wages, and other damages.

What If the Other Driver Was Uninsured or Fled the Scene?

If you are involved in a hit-and-run accident, it is crucial to report the incident to the police immediately. Law enforcement will document the crash and may be able to track down the at-fault driver. A police report also strengthens your claim if you need to seek compensation through your own insurance.

If the at-fault driver cannot be identified, you may need to file a claim with your own insurer under your uninsured motorist (UM) coverage. Underinsured motorist (UIM) coverage may also apply if the driver who caused the accident has insurance but not enough to cover the full extent of your losses.

When the at-fault driver is uninsured, recovering damages can be more challenging. In some cases, victims may need to file a personal injury lawsuit with the help of a Chicago UM lawyer. However, collecting compensation depends on the driver’s financial situation and assets.

How a Chicago Car Accident Lawyer Can Help

Navigating the aftermath of a car accident can be overwhelming, especially when dealing with insurance details and legal complexities.

An experienced Chicago car accident lawyer can help you make a car insurance claim by:

• Gathering evidence, including police reports, property damage, witness statements, and medical records detailing car accident injuries.
• Establishing fault, to ensure costs are collected from the other driver’s insurance company.
• Negotiating with insurers to prevent low settlements and secure fair compensation.
• Securing maximum compensation for medical expenses, lost wages, and pain and suffering.
• Representing you in court if the insurance company refuses to offer a fair settlement.
• Ensuring you don’t settle for less by reviewing settlement offers before you sign.

Having an attorney on your side ensures you are not navigating the claims process alone and that your case is handled with expertise from start to finish.

Expert Legal Counsel Near You!

After a car accident that wasn’t your fault, taking the right steps is crucial to protecting your rights and securing fair compensation.

The at-fault driver’s insurance company will often try to minimize payment or try to make you accept partial responsibility, regardless of your insurance coverage. Having an experienced Chicago personal injury attorney on your side can make all the difference.

A lawyer will handle negotiations, gather evidence, and fight for the compensation you deserve. Don’t navigate this process alone—contact our legal team today at (888) 424-5757 or fill out our form for a 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.