What to Do After a Car Accident in Illinois

According to the Illinois Department of Transportation, 319,146 Illinoisans were involved in car accidents in 2018. That is approximately 874 accidents per day. If you are one of the unfortunate many that become part of the statistic, the following reminders are important to keep in mind.

At the scene of a car accident, you may feel confused and disoriented. What should you do next? How should you handle this?

Sometimes, the other driver at the scene of a crash wants to handle it right then and there. They may suggest resolving the matter outside of insurance.

This is not a good idea. It’s also not the best idea to avoid calling your own insurance company to report the accident, regardless of who is at fault.

As personal injury lawyers who help car accident victims, we’re here to share everything you should do following a car crash in Illinois.

Navigating the Scene of an Accident

Immediately after a car accident, the first thing to do if you are safely able to is to pull over to the side of the road. No matter how minor the accident may seem, it is important to call 911 and report the crash. Leaving the scene of an accident without notifying the proper authorities may result in serious criminal and/or civil legal consequences.

Once you are safely out of the way of traffic, analyze the damage to all vehicles involved, as well as the passengers inside of them. Photograph the scene and the vehicles. Better to have too many than not enough! If there are any witnesses, get their contact info for future reference. Exchange information with other involved parties. Make sure you take down their name, phone numbers, and auto insurance information.

Here’s a checklist of what you can do immediately after a crash:

• Call 911.
• Make note of weather and road conditions.
• Photograph damage to all vehicles involved.
• Photograph any distinctive features of the road or intersection.
• Photograph driver’s license and insurance card of other drivers involved.
• Compile a list of all other people involved: other driers, witnesses, reporting officers, etc.
• Make notes as to what you were doing just before the accident and every detail of what you saw, heard, and felt directly after the accident occurred.
• Record all comments made by involved parties and witnesses.
• Provide your insurance and driver’s license information to the other drivers.
• Do not talk about the accident or discuss how the crash occurred with the other driver.
• If injured, seek medical care immediately.
  

Documenting Your Car Accident

Documenting an accident is a critical part of any automobile accident case. In this section, we will give you the tips and tricks to fully document your accident to the fullest extent possible. You will want to be sure to document the following:

1. Exactly where the accident took place;
2. The position of the vehicle before and after the accident;
3. What the accident scene itself looked like immediately following the accident with vehicle come to rest;
4. Photographs of signs, buildings, or other obstructions that may have been involved, causing, or contributing to the crash;
5. The names and addresses of anyone who was actively involved in the accident (passengers and drivers); and
6. The names and addresses of anyone who witnessed the accident.

For the most part, if the police or a state trooper were involved, a police report will be available to you. If you didn’t call 911 at the scene of the accident, we encourage you to go to the state patrol office or the local police station and file a report. Most police departments allow the filing of a report up to 72 hours after the accident. This will protect you in the situation where the other driver makes false claims regarding the accident later.

You’re Not at Fault. Who Pays Your Medical Bills?

If you have health insurance coverage, submit your medical bills to them directly. You pay them a premium to cover medical bills, including ones incurred due to car accidents.

You should know that you may have additional coverage under your own policy that will pay a portion of your medical bills regardless of who caused the accident. In Illinois, it is called medical payments coverage, or “Med Pay.” Med Pay coverage will cover reasonable and necessary medical expenses up to a set limit, regardless of fault.

You should look at the “declarations page” of your car insurance policy or talk to your agent to see if your policy includes medical payments coverage. If not, it may be something to consider adding on. (We recommend having at least $10,000 in medical payments coverage.)

If your policy does include this coverage, you will want to submit all of your medical bills to your insurance company directly. You will want to do this until they have paid up to the limits of your Med Pay coverage. Ask them to reimburse you directly, not the medical providers. After all, who paid the premium? You did. As mentioned earlier, if you do not have this coverage, we recommend you strongly consider adding it to your existing policy.

Should I Hire a Car Accident Lawyer to Handle My Claim? 

If you were injured as a result of the crash and you weren’t at fault, you should contact a trial lawyer like the ones at Shannon Law Group as soon as possible. It’s important to hire an advocate who’s on your side.  Your attorney will investigate the crash and pursue compensation on your behalf from the other driver’s insurance company.

On the other hand, let’s say you walked away from the accident with just a few scrapes and whiplash. In this scenario, you likely don’t need to hire a lawyer to resolve your claim. You can do it yourself. If you’re interested in learning how to settle your own accident claim, check out this book we wrote. You can download a copy for free. 

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

In Illinois, car accident victims typically have two (2) years from the date of the accident to file a lawsuit against a negligent driver. This time limit is called the statute of limitations.

The statute of limitations can vary depending on who hit you. For example, ff a government employee hits you, the statute of limitations is much shorter.

Have More Questions? Contact Us Today for a Free Car Accident Consultation

Our car accident attorneys are always happy to help you navigate your claim. Schedule your free consultation today by calling us at (312) 578-9501 or filling out the form on this page. Even if we can’t take your case, we will point you in the right direction.