Checklist · Injury · Illinois
After an Accident: The Checklist
Print it, keep it in the glovebox, and follow it in order. The first days decide much of the case.
At the scene
- Move to safety if you can and turn on your hazard lights.
- Call 911. Ask for police, and an ambulance if anyone has any pain.
- If anyone is hurt, stay at the scene, exchange information, and help get medical care.
- Photograph all four sides of every vehicle, where they stopped, signals, marks, and debris.
- Photograph the other driver’s plate, license, and insurance card.
- Get witness names and phone numbers before they leave.
- Ask for the police report number.
- Do not say “I’m fine,” and do not argue about fault.
Same day
- See a doctor today and tell the provider how you were hurt.
- Write down what happened, the time, the weather, and what was said, and date the note.
- Keep the clothing, shoes, and damaged items, unwashed and not thrown away.
- Give your own insurer the basic facts.
This week
- Do not give a recorded statement to the other driver’s insurer.
- Do not sign medical authorizations, releases, or settlement checks without a lawyer’s review.
- Do not authorize repair or salvage of your vehicle until it is documented.
- Keep every medical appointment.
- Save receipts for medications, transportation, help at home, and missed work.
- Note where nearby cameras are. Video is erased within days.
- If you were hurt while working, notify your employer in writing.
- Talk to a lawyer. Some deadlines are only one year.
The list above is short on purpose, so it can be followed by someone who is shaken, in pain, or standing on the shoulder of an expressway. The rest of this page explains why each step is there, what Illinois law requires of drivers after a crash, and where people most often damage a valid claim in the first week without realizing it.
At the scene: what the law requires, and what protects you
Illinois law imposes specific duties on a driver involved in a crash. A driver involved in a crash resulting in injury or death must stop at the scene or as close to it as possible and remain there until the duties to exchange information and render aid are met (625 ILCS 5/11-401). Those duties include giving your name, address, vehicle registration number, and, on request, your driver’s license and insurance information, and rendering reasonable assistance to anyone injured, including arranging medical treatment where it is needed (625 ILCS 5/11-403). Leaving the scene of an injury crash is a serious offense, even when you believe the other driver was at fault.
Calling 911 does more than bring help. A police response creates an official record of the time, place, vehicles, drivers, and witnesses, and it often includes the officer’s observations of the scene. In Chicago, the report number lets you request the Chicago Police Department’s crash report from its Records Division later.
Photographs taken at the scene are among the most valuable evidence in any crash case, because the scene begins to change as soon as the vehicles move. Photograph every vehicle from all four sides, the positions where they came to rest, traffic signals and signs, road conditions, and anything that may have contributed to the crash. A photograph of the other driver’s plate, license, and insurance card eliminates later disputes about who was driving and which policy applies.
What you say at the scene also matters. Statements such as “I’m fine” or “I didn’t see you” are often repeated in police reports and insurance notes. Injuries from crashes, particularly to the neck, back, and head, frequently become apparent hours or days later. Be polite, exchange information, and let the investigation determine fault.
The same day: medical care and a written record
The most common argument an insurer makes in an injury claim is that the injury did not come from the crash. The strongest answer is medical care that begins promptly and a record that ties the symptoms to the event. Adrenaline masks pain, and some injuries, including concussions, are easy to miss in the first hours. An evaluation the same day, even if it finds nothing serious, creates a baseline. Tell every provider how the injury happened.
Writing down what happened while the details are fresh is equally important. A dated note describing the route, speed, weather, traffic, what the other driver did, and what was said is far more reliable than a memory reconstructed months later, and it helps your attorney evaluate the claim quickly.
Notify your own insurer promptly, as your policy requires. Most policies require prompt notice of a crash, and your own coverage may include medical payments coverage or uninsured and underinsured motorist coverage. Illinois requires automobile liability policies to include uninsured motorist coverage (215 ILCS 5/143a), and that coverage can be critical if the other driver had no insurance or fled. Give your insurer the basic facts. You are not required to speculate about fault or your injuries.
The first week: avoiding the common mistakes
Within days of a crash, an adjuster for the other driver’s insurer may call and ask to record a statement. You are generally not required to give one to the other driver’s insurer, and doing so before you understand your injuries can create problems. Early statements tend to minimize symptoms, and small inconsistencies are later presented as evidence that the account is unreliable. It is reasonable to decline and refer the adjuster to your attorney.
Insurers may also send medical authorizations and, in some cases, early settlement offers with a release. A broad authorization can give an insurer access to years of unrelated medical history. A release, once signed, generally ends the claim for all injuries, including those not yet diagnosed. Neither should be signed without review.
Consistent treatment matters. Missed appointments and long gaps between visits are used to argue that the injury resolved or was not serious. If you cannot attend an appointment, reschedule it and keep a record of why.
Keep every receipt and record of loss: prescriptions, transportation to appointments, help at home, and time missed from work. Those costs are part of the claim, and documenting them as they occur is easier and more credible than reconstructing them later.
If the crash happened at work
If you were injured while working, including while driving for your employer, workers’ compensation may apply in addition to any claim against the other driver. Illinois requires notice to the employer as soon as practicable and not later than 45 days after the accident (820 ILCS 305/6(c)). Report the injury to your employer in writing and keep a copy.
Reporting requirements
Separate from the police report, Illinois requires the driver of a vehicle involved in a crash causing injury or death, or property damage above the statutory threshold, to file a written report with the Illinois Department of Transportation within ten days (625 ILCS 5/11-406). Illinois also requires vehicles to be insured, and drivers must carry proof of insurance in the vehicle (625 ILCS 5/7-601, 7-602).
Deadlines
Most Illinois personal injury claims must be filed within two years of the injury (735 ILCS 5/13-202). Claims against a local public entity or its employees, such as a crash with a city vehicle or a claim based on a dangerous condition of public property, are generally subject to a one-year limit (745 ILCS 10/8-101). Claims involving the Chicago Transit Authority are governed by the CTA’s own statute, which sets a one-year limit for filing suit and includes a written notice requirement that should be confirmed against the current text (70 ILCS 3605/41). These deadlines are why an early consultation matters, even if you are still treating.
Keep this checklist where you will need it
The first days after a crash are the easiest time to preserve evidence and the easiest time to make avoidable mistakes. Print this checklist and keep a copy in the glovebox. If a crash happens, follow it in order, get medical care, and speak with a lawyer before giving statements or signing documents. The consultation for an injury claim is free.
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This article is general information, not legal advice, and does not create an attorney-client relationship. Legal citations should be verified against the primary source before you rely on them.