Key Takeaways
- Stop and stay. Leaving the scene of an injury crash is a criminal matter, not a civil one.
- Call the police immediately for injury, death, or damage over $1,500.
- You no longer file your own 10-day report. That requirement was repealed in 2021.
- Get checked even if you feel fine. A gap in treatment is used to argue the injury is minor.
- Do not guess at fault, and do not apologize reflexively. You rarely know yet what happened.
The first hour
Most of what follows a crash is recoverable later. A few things are not, and they are all decided in the first hour.
| Do this | Why |
|---|---|
| Stop and remain | Required by 625 ILCS 5/11-401 where there is injury or death |
| Call the police | Immediate notice is required by 11-407 in the situations below |
| Photograph before anything moves | Vehicle positions and debris cannot be reconstructed afterwards |
| Get witness details | Independent witnesses are almost impossible to trace later |
| Note nearby cameras | Footage is commonly overwritten within days |
What Illinois law actually requires
Three sections cover almost everything a driver must do.
625 ILCS 5/11-401 requires a driver involved in a crash causing injury or death to stop at the scene, or as close as possible, and to remain until the requirements of Section 11-403 have been met.
625 ILCS 5/11-403 sets out what those requirements are: give your name, address, registration number and the owner of the vehicle you are driving, exhibit your license on request where available, and render reasonable assistance, including arranging transport for treatment where it is apparently necessary or is requested by the injured person.
625 ILCS 5/11-407(a) requires immediate notice to police where the crash causes:
- Injury or death;
- Property damage over $1,500; or
- Damage over $500 where a vehicle subject to Section 7-601 is not covered by liability insurance.
Notice is also required where a school bus is involved, or where the crash occurs within 50 feet of one.
$1,500 is a low threshold. On a modern vehicle a single damaged bumper assembly with sensors behind it can reach it. Treating a crash as too minor to report is a common and avoidable mistake.
The 10-day report you no longer have to file
A great deal of advice still tells Illinois drivers to submit their own written crash report within 10 days. That is out of date. The driver’s written report under 625 ILCS 5/11-406 was repealed by Public Act 102-560, effective 20 August 2021.
The 10-day period that still exists belongs to the investigating officer, who must forward a report to the Administrator within 10 days after investigation under 625 ILCS 5/11-408. It was never a driver’s obligation.
Your duty is the immediate notice under 11-407, not a report 10 days later.
If you hit a parked car
Under 625 ILCS 5/11-404 you must stop and either locate and notify the owner or securely attach a written notice in a conspicuous place with your name, address, registration number and the vehicle’s owner, and notify the nearest police authority without unnecessary delay. Failing to do so is a Class A misdemeanor. More detail is in parked car accident claims.
Get medical attention even if you feel fine
Adrenaline masks injury, and soft tissue and head injuries commonly present the following day. There is also a claims reason that is worth being blunt about.
A gap between the crash and the first medical visit is one of the most reliable arguments an insurer has. It is used to say that the injury was minor, or that something else caused it. That argument is answered by records, not by explanation, and the records only exist if you attend.
What not to do
- Do not guess at fault. You rarely know at the scene what actually happened, and speculation is repeated back to you later.
- Do not apologize reflexively. It is ordinary human courtesy, and it is treated as an admission.
- Be careful with recorded statements to the other driver’s insurer, which you are generally not obliged to give.
- Do not accept an early offer made before your treatment is complete, because the full extent of the injury is not yet known.
- Do not repair or dispose of the vehicle before it has been documented, since the damage is evidence.
How these choices feed into the fault percentage is set out in how fault is decided.
Then watch the deadline
Two years for injury under 735 ILCS 5/13-202, but only one year where a local public entity or its employee is a defendant under 745 ILCS 10/8-101(a), and five years for damage to the vehicle under 735 ILCS 5/13-205. See the Illinois car accident filing deadlines.
اکثر پوچھے گئے سوالات
What should I do right after a car accident in Illinois?
Stop and remain at the scene, call the police where the law requires it, exchange the details Section 11-403 lists, photograph the vehicles before anything is moved, collect witness details, note any nearby cameras, and get medical attention even if you feel uninjured.
When do I have to call the police after a crash?
Immediately, under 625 ILCS 5/11-407(a), where the crash causes injury or death, causes property damage over $1,500, or causes damage over $500 where a vehicle subject to Section 7-601 is uninsured. Notice is also required where a school bus is involved or the crash happens within 50 feet of one.
Do I need to file a crash report within 10 days?
No. The driver’s written report under 625 ILCS 5/11-406 was repealed by Public Act 102-560, effective 20 August 2021. The surviving 10-day period is the investigating officer’s under 625 ILCS 5/11-408. Your obligation is the immediate notice to police under 11-407.
What information must I give the other driver?
Under 625 ILCS 5/11-403 you must give your name, address, registration number and the owner of the vehicle you are driving, exhibit your driver’s license on request where it is available, and render reasonable assistance, including arranging transport for treatment where that is apparently necessary or is requested.
Should I see a doctor if I feel fine?
Yes. Adrenaline masks injury, and soft tissue and head injuries often present the next day. A gap between the crash and the first medical visit is also one of the most common arguments an insurer uses to say the injury was minor or was caused by something else.
Should I apologize or admit fault at the scene?
No. You rarely know at the scene what actually happened, and a reflexive apology is treated as an admission later. Give the information the statute requires, stay factual, and leave the question of fault to be worked out from the evidence.
Talk to an Elmwood Park car accident lawyer
Almost everything that decides a crash claim is either created or lost in the first day: the photographs, the witnesses, the footage, and the first medical record. None of it can be recovered afterwards, however good the case is on its facts.
If you were hurt in a crash in Elmwood Park, Oak Lawn, Skokie, Niles, Orland Park or anywhere in Cook County, Lawyer Furqan will go after the evidence that expires first rather than waiting for the insurer to open a file.
Call 847-800-8978 or contact us online. The consultation is free, there is nothing upfront, and you owe no attorney’s fee unless we win.
Sources and authorities cited
- 625 ILCS 5/11-401 · duty to stop and remain; 625 ILCS 5/11-403 · information and assistance
- 625 ILCS 5/11-407(a) · immediate notice to police, $1,500 and $500 thresholds
- 625 ILCS 5/11-408 · the officer’s 10-day report; 625 ILCS 5/11-406 · repealed by P.A. 102-560, eff. 20 August 2021
- 625 ILCS 5/11-404 · unattended vehicles, Class A misdemeanor
- 735 ILCS 5/13-202, 13-205 and 745 ILCS 10/8-101(a) · deadlines
This article is general legal information about Illinois law, not legal advice, and creates no attorney-client relationship. What you should do depends on the circumstances of your own crash, and nothing here predicts a result.
