Car accidents can happen in seconds, yet the effects can last for years. Whether it is a minor fender bender or a serious highway collision, the moments after a crash are often filled with confusion, fear, and uncertainty. Knowing what steps to take can protect your health, preserve your rights, and strengthen any future claim for compensation.
At Menges Law Firm, we have guided countless Illinois residents through the aftermath of car crashes. This guide explains what to do immediately after an accident, what the law requires, and how to avoid common mistakes that could harm your claim.
Step 1: Make Safety the Priority
If you are involved in a crash, safety should come before everything else. Move your vehicle to the side of the road if possible and turn on your hazard lights. If anyone is injured, call 911 right away.
Do not attempt to move someone who appears seriously hurt unless there is immediate danger such as fire or traffic risk. Emergency responders are trained to safely handle these situations.
If the crash happens at night or in poor weather, set out flares or reflective triangles if you have them. Remaining visible can prevent a second collision.
Step 2: Call Law Enforcement
After an accident, contact local police or the Illinois State Police.
The responding officer will document key details, interview witnesses, and create a crash report. This report often becomes a crucial piece of evidence for insurance and legal purposes.
Even if the damage appears minor, always call the police. A formal report helps establish what happened and can protect you later if the other driver changes their story or an injury develops after you leave the scene.
Step 3: Gather Information and Evidence
Exchange the following details with the other driver:
- Full name, address, and phone number
- Driver’s license number
- License plate number
- Insurance company and policy number
If possible, take clear photos of:
- Vehicle damage and debris on the road
- The surrounding area, including skid marks and traffic signs
- Any visible injuries
- Weather and lighting conditions
Witnesses can be vital to your case. Get their contact information before they leave, even if they only saw part of the crash.
Step 4: Seek Medical Attention Immediately
Many car accident injuries are not obvious right away. Whiplash, concussions, and internal injuries can take hours or even days to show symptoms. Always get checked by a medical professional as soon as possible, even if you think you feel fine.
Medical records serve two important purposes. First, they ensure you get the treatment you need. Second, they document your injuries, linking them directly to the accident. Insurance companies often question claims without prompt medical documentation.
If you delay care, the insurer may argue that your injuries were not serious or were caused by something else. A quick visit to the emergency room or your doctor can protect both your health and your case.
Step 5: Report the Accident to Your Insurance Company
Illinois is an at-fault state, which means the driver responsible for causing the crash is also responsible for paying damages. However, most policies still require you to notify your own insurance company soon after an accident.
Provide basic information, but avoid making recorded statements or speculating about who was at fault. You are simply fulfilling your duty to report the crash, not admitting liability.
An insurance adjuster’s job is to minimize payouts. Saying something as simple as ‘I’m fine’ could later be used to downplay your injuries. It is best to consult an attorney before giving a formal statement.
Step 6: Understand Your Rights Under Illinois Law
Under Illinois law, accident victims may seek compensation for a range of losses, including:
- Medical bills and rehabilitation costs
- Lost income and reduced earning ability
- Pain, suffering, and emotional distress
- Property damage to your vehicle or personal items
Illinois uses a comparative negligence system. This means that if you are partially at fault, your compensation is reduced by your percentage of fault. For example, if you are found 20 percent at fault for a crash that caused $100,000 in damages, you can still recover $80,000.
If you are more than 50 percent at fault, you cannot recover damages. Because fault can be complex, it is often crucial to have an attorney gather evidence and build your case.
Step 7: Avoid Common Mistakes That Hurt Claims
After an accident, it can be easy to make small errors that have big consequences later. Avoid these common mistakes:
- Leaving the scene before police arrive
- Failing to get medical attention quickly
- Admitting fault, even casually
- Posting about the accident on social media
- Accepting the first settlement offer from an insurer
- Failing to contact an attorney before speaking to adjusters
Insurance companies count on confusion and stress to push quick, low settlements. The less information you give them and the faster you seek legal advice, the better your position will be.
Step 8: When to Contact a Car Accident Lawyer
You do not need a lawyer for every minor fender bender. But if there are injuries, disputed liability, or significant damage, having a skilled attorney can make a huge difference.
An Illinois car accident lawyer can:
- Investigate the crash and gather evidence
- Work with medical providers to document your injuries
- Handle communication with insurance companies
- Negotiate for fair compensation
- File a lawsuit if the insurer refuses to pay what you deserve
At Menges Law Firm, we take on the stress of dealing with insurance companies so our clients can focus on healing. We know how to calculate the full cost of an accident, from medical care and lost wages to pain, suffering, and future treatment.
Step 9: Keep Organized Records
Strong documentation is key to a successful claim. Create a folder or digital file where you store everything related to the accident, including:
- Police reports and claim numbers
- Medical bills and doctor notes
- Photos of injuries and vehicle damage
- Correspondence from insurance companies
The more organized your information, the easier it will be for your attorney to build your case.
Step 10: Know the Time Limits
In Illinois, the statute of limitations for most car accident lawsuits is two years from the date of the crash. Waiting too long can mean losing your right to compensation.
Some claims, such as those involving government vehicles, have even shorter deadlines. Contacting an attorney early ensures that important evidence is preserved and all filing deadlines are met.
Frequently Asked Questions About Illinois Car Accidents
Do I need to call my insurance company even if I was not at fault?
Yes. Most policies require prompt notice of any accident, regardless of fault. Reporting ensures coverage applies if you later need medical care or vehicle repairs.
Can I get compensation if I was partly at fault?
Yes, under Illinois’ comparative negligence rule, you can still recover damages as long as you were less than 50 percent at fault. Your compensation will be reduced by your percentage of fault.
What if the other driver has no insurance?
If the at-fault driver is uninsured, you may still be covered through your own uninsured motorist policy. An attorney can help you file this claim and ensure your insurer pays what you are owed.
Should I accept a settlement offer from the insurance company?
Not before speaking with a lawyer. Early offers are often far lower than what your case is worth. An attorney can evaluate your damages and negotiate for the full amount you deserve.
Moving Forward After a Car Accident
A car crash can change your life in an instant. Medical appointments, vehicle repairs, and lost work can quickly feel overwhelming. But you do not have to face it alone.
Menges Law Firm helps accident victims throughout Illinois recover the compensation they need to rebuild. We listen to your story, explain your rights, and stand beside you every step of the way.
You have been through enough. Let us take it from here. Contact Menges Law Firm for a free consultation. There are no upfront fees, and you pay nothing unless we win your case.