Personal Injury Guide

What to Do Immediately After a Car Accident in Chicago

9 min read • Call Ted Injury Law

Written by Theodore “Ted” London, founding attorney of The Law Offices of Theodore London & Associates, practicing law in Chicago since 1998. Last updated July 2026.

The minutes right after a car accident are stressful and disorienting — but what you do next can directly affect your health, your safety, and your ability to recover compensation later. Here's a clear, step-by-step guide.

1	Check for Injuries and Call 911 Call 911 even for minor accidents — a police report is one of the most important pieces of evidence for any injury claim.
2	Move to a Safe Location, If Possible If your car is drivable and blocking traffic, move it to the shoulder. If not, turn on your hazard lights and stay clear of traffic.
3	Document Everything Photos of all vehicles, license plates, road conditions. Get the other driver's insurance info and any witnesses' contact info.
4	See a Doctor, Even If You Feel Fine Adrenaline can mask injuries for hours or days. Whiplash and concussions often don't show symptoms right away.
5	Be Careful What You Say to Insurance Adjusters You are not required to give a recorded statement right away.
6	Talk to an Injury Attorney Before You Settle Insurance companies often offer a quick settlement that's far less than what your claim is actually worth.

Understanding Fault: Illinois' Comparative Negligence Rule

Many people assume being partly at fault means they can't recover anything. That's not true in Illinois. Under state law (735 ILCS 5/2-1116), Illinois follows a modified comparative negligence rule with a 51% bar: as long as you're found 50% or less at fault, you can still recover damages — reduced by your percentage of fault.

Illinois Crash Reporting Requirements

Situation	Requirement
Injury/death/damage over $1,500 (insured)	Must be reported
Damage over $500 (uninsured driver)	Must be reported
Reporting deadline	Within 10 days if no officer responds

Frequently Asked Questions

What if I was partially at fault for the accident?

You can still recover compensation as long as you're found 50% or less at fault, reduced by your share of responsibility.

How long do I have to file a claim in Illinois?

Generally two years from the date of the accident for personal injury, and five years for property damage.

The insurance company already offered me money — do I still need a lawyer?

A fast early offer is often well below what a claim is actually worth. It costs nothing to have an attorney review an offer before you accept it.

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