Crime & Traffic
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If you are involved in an accident, there are important steps you should take to protect your rights. This article explains them.
Stop your vehicle
Stop your vehicle in a safe way that does not block traffic. Leaving the scene of an accident can be a crime. You could also lose your driver's license.
If you hit and run, and there is only property damage, it could be a Class A misdemeanor . That's a maximum fine of $2,500 and 1 year in jail. If there’s an injury or death, it's a felony . This could mean several years in jail.
Call the police
Call the police when you get in an accident. Then get an accident report.
If the accident results in personal injury or death of any person, you must contact the police within 30 minutes of the accident.
If you fail to report an accident, you may lose your license.
Starting on January 1, 2025, if you're involved in a crash in Illinois and no police officer is present, you must report it as quickly as possible to the local police (if in a city) or to the county sheriff or state police (if outside a city). You must report the crash if:
- Anyone is injured or killed;
- Property damage is over $1,500, or over $500 if a vehicle is uninsured;
- The crash involves a school bus and causes property damage, injury, or death; or
- The crash happens within 50 feet of a school bus and causes injury or death to someone near the bus.
Provide information
In any accident, you must provide basic information to anyone else in the accident. This includes your:
- Name,
- Address, and
- License plate number.
If asked, you must also show your driver's license.
Help injured people
When there is an injury, you must help. For example, helping the injured person get to the hospital.
Leave info if no one is around
If there's only damage to a parked vehicle or other property, you must stop. You must try to locate the owner of the damaged vehicle or property. If you cannot find the owner, you must provide the same basic information mentioned above. Attach it securely somewhere it can easily be found.
You must still contact the police and IDOT if the damage is more than $1,500 (see above).
Do I have to tell my insurance company?
The law does not require you to tell your car insurance company about your car accident. However, nearly all car insurance contracts require you to report the accident very soon after the crash. If you do not report the accident, the insurer may not give you money for property damage or injuries. Also, if you are not at fault and do not file a claim with your insurance company, your insurance company will have a more difficult time recouping the money paid for your property damages and/or injuries from the insurance company of the person who was at fault.
Gather evidence
Documenting and preserving evidence of the accident and your injuries is very important. It will help prove who is at fault, and it may show how serious your injuries are.
Here are some things you can do to put together your evidence:
- Take pictures of the car damage,
- Take photos of your physical injuries,
- Keep a log of your treating doctors and keep all your medical records and bills,
- Obtain the police report by making a Freedom of Information Act (FOIA) request,
- Write a diary of your medical progress, and
- Keep contact information of all individuals and witnesses to the accident.
If you or your loved one was in a car accident and had property damages and/or was injured or died, you should talk to a lawyer to learn about your rights. There are time limits to filing a car accident case. In Illinois, there is a two-year statute of limitations to file a personal injury lawsuit, and a five-year statute of limitations to file a damage lawsuit with the court. Learn more about what to expect after a car accident.
