If you are in a car accident, take the following steps:

1. Stop your car in a safe place that does not obstruct traffic,
2. Decide if you need medical attention,
3. Help anyone who is injured or needs help, but do not move anyone who is badly hurt (this could cause more harm),
4. Call 9-1-1 immediately for police assistance and emergency services,
5. Warn other drivers by using emergency flashers or flares if available, and
6. Get the names, contact information, and drivers’ license numbers of all parties and witnesses to the accident.

Crash Reports

When to File a Police Report

You might also need to file a report. You have to do so within 30 minutes of the accident if:

• Someone was injured, or
• Someone died.

If you meet any of these requirements but fail to file a report, you could have your driver’s license suspended and/or serve jail time.

How to File a Crash Report

You must submit the crash report with the Illinois Department of Transportation (IDOT). Get more information on the IDOT website.

If you are not physically able to make a report, a passenger in the car that was present at the time of the accident must make the report. Or, if the driver is not physically able to make the report and the driver is not the owner of the car, the owner of the vehicle must make a report.

Car Insurance

The law in Illinois requires all motor vehicles, with the exception of trailers, that are registered and operated in Illinois to be covered by liability insurance. 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 person at faults insurance company. This legal process is called subrogation.

Insurance Contract

You should be well informed of your car insurance contract. If you do not have a copy of your car insurance contract, call or email your insurance company to receive a copy. Read the insurance contract and consider the following questions:

• What is your policy’s bodily injury limits?,
• Do you have Medical Payments (MedPay) Coverage (see below)?, and 
• Do you have uninsured or underinsured motorist coverage (see below)?

MedPay coverage, while not required by Illinois law, is an extra allowance for the person(s) insured in case of injuries due to a motor vehicle accident. Many times MedPay coverage can be used to pay for unexpected medical charges, such as medical co-pays or doctor’s visits.

Uninsured and underinsured motorist coverage protects you in an accident with a person who has no car insurance or has significantly low bodily injury coverage.

Getting a [no-lexicon]lawyer[/no-lexicon]

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.

Law firms that specialize in personal injury cases will be able to tell you when your statute of limitations is up, if you have a case, and what you should do next.  

[no-lexicon]Evidence[/no-lexicon]

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 damages,
• 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.