After a car crash in Illinois

General information about Illinois law as of October 23, 2026. It is not legal advice for your situation, and reading it does not create an attorney-client relationship.

Do I have to stop after a crash in Illinois?

Yes. If the crash injured or killed anyone, or damaged a vehicle someone was driving or sitting in, the driver has to stop at the scene or as close to it as possible and stay until the drivers have traded information and given help (625 ILCS 5/11-401, 625 ILCS 5/11-402). Leaving a crash that killed someone, or injured someone badly enough to need immediate medical treatment, is a Class 4 felony. Leaving one with damage only is a Class A misdemeanor.

If you have already left a crash where someone was hurt, the law still requires you to report it at a police station or sheriff's office near the scene within half an hour. Not reporting is a more serious felony than leaving (11-401). Do it, and call a lawyer as well.

In a damage-only crash, you are allowed to move the car off the road to the nearest safe place and wait there. If your car is blocking traffic lanes, the law expects you to make every reasonable effort to move it (11-402).

What do I have to give the other driver?

Your name and address, the car's registration number and its owner's name. If they ask and you have it, show your driver's license (625 ILCS 5/11-403). Ask for the same from them.

Carry your insurance card in the car, on paper or on your phone, and show it to an officer who asks. Showing it on your phone does not give the officer consent to look at anything else on the phone (625 ILCS 5/7-602).

If you hit a parked car or someone's fence and nobody is around, stop. Find the owner, or leave a note in plain sight with your name, address, registration number and the owner of the car you were driving, and tell the police without delay (625 ILCS 5/11-404).

Do I have to help someone who is hurt?

Yes. The law requires reasonable help, including getting an injured person to a doctor or hospital when they clearly need treatment or ask for it (11-403). Call 911.

When do I have to call the police after a crash in Illinois?

Right away, if no officer is already there and the crash killed or injured anyone, or caused more than $1,500 in property damage. The figure drops to $500 if any car involved has no liability insurance. Inside a city such as Rockford or Loves Park, call the city police; outside a city, the county sheriff or the Illinois State Police. If the driver cannot call, a passenger who can must (625 ILCS 5/11-407).

Give the officer your license and insurance card and tell the officer the facts you know. Do not guess and do not argue about fault. If you do not know something, such as how fast you were going, say you do not know. Giving information in a crash report that you know is false is a crime of its own (625 ILCS 5/11-409). If the officer starts asking about drinking or asks you to take a test, read stopped for DUI in Illinois. If the questions turn to whether you broke the law, read questioned or arrested in Illinois.

Do I have to send a crash report to the state?

Usually not any more. The Illinois Department of Transportation says drivers no longer have to fill in and send the SR-1B Illinois Motorist Report, under Public Act 102-0560 (IDOT). The officer who investigates sends the report to the state within 10 days (625 ILCS 5/11-408). A city can still require its own report by ordinance (625 ILCS 5/11-415), so ask the officer whether the town where it happened wants one.

What insurance does Illinois require?

A car driven on Illinois roads must carry liability insurance (625 ILCS 5/7-601) of at least $25,000 for injury to one person, $50,000 for injury to two or more, and $20,000 for property damage (625 ILCS 5/7-203). Every Illinois auto liability policy also has to include coverage for injuries caused by an uninsured or hit-and-run driver (215 ILCS 5/143a). If the other driver had no insurance or drove off, that coverage in your own policy is where to look; report the crash to your insurer the way your policy asks.

What should I photograph and write down?

If it is safe and the cars are not blocking traffic, take pictures before they move: every vehicle, the plates, the road, signs and signals, and any injuries. If nobody is hurt and a car is blocking a lane, move it first and photograph where the cars end up. Get the names and phone numbers of witnesses, and photograph the other driver's license, insurance card and plate. Write down the officer's name and the report number. Tonight, write down what happened.

Should I see a doctor if I feel fine?

Get checked soon. A record made close to the crash is the clearest evidence of what it did to you. Keep every bill.

Should I talk to the other driver's insurance company?

Be careful. That adjuster works for the other driver and their insurer, not for you. Before you give a recorded statement or answer questions about your injuries, talk with a lawyer. You can say: "I'll get back to you after I've spoken with my lawyer."

Should I sign a release?

A release is a contract, and its words decide whether any claim you have is over for good. Ask a lawyer what a release ends before you sign one, and before you cash a check that says it is payment in full.

How long do I have to file an injury claim in Illinois?

For most injury claims, 2 years from the date the claim arose (735 ILCS 5/13-202). If the claim is against a city, county or other local government, or one of its employees, as when a city vehicle hits you, the deadline is one year from the injury (745 ILCS 10/8-101). A claim against the State of Illinois itself, such as a crash with a state vehicle, goes to the Illinois Court of Claims, and a written notice is due within one year unless the claim is filed within that year (705 ILCS 505/22-1). Ask a lawyer which rule applies to you. Neither the two-year nor the one-year deadline stops while you talk with an insurer. Damage to the car, claims by a child, and claims after a death have their own limits, set out below.

What if the person hurt is a child?

For most injury claims, a person who was under 18 when the claim arose may sue within 2 years after turning 18 (735 ILCS 5/13-211). That rule does not reach every claim: a claim about medical care has its own limit for a minor (735 ILCS 5/13-212), and a claim against a city or other local government may have a shorter one. Talk to a lawyer early rather than count on the extra time.

What if I was partly at fault?

Illinois compares fault. If your share is more than 50% of the cause, you cannot recover. If it is 50% or less, you can, but what you recover goes down by your share (735 ILCS 5/2-1116). A judge or jury decides who was at fault, and by how much, on the evidence.

How long do I have for damage to my car?

A lawsuit for damage done to property must be filed within 5 years after the claim arose (735 ILCS 5/13-205).

What if someone died?

A wrongful death action generally has to be filed within 2 years after the death, with exceptions set out in the statute (740 ILCS 180/2).

When to call Rick

Call Rick before you give a recorded statement to the other driver's insurer, before you sign a release, and long before the one-year and two-year deadlines come close. Rick handles injury claims after accidents for people in Rockford, Loves Park and across Winnebago County. See Personal injury or call (815) 986-1569.