What to Do After a Car Accident in Illinois: A Step-by-Step Guide (2026)

Before anything else, one correction that will save you a wasted afternoon.

Illinois no longer requires drivers to file a crash report. Public Act 102-0560 repealed that duty back in August 2021. Yet as of today, the Illinois State Police website, several major law firm blogs, and a number of city ordinances all still tell you to file an SR-1 within ten days.

They're describing a law that doesn't exist anymore. Here's what does.

## ⚡ Quick Answer Stop and stay. If anyone is injured or killed, notify police immediately — under 625 ILCS 5/11-407 that means as soon as possible, and no later than 30 minutes after the crash (or 30 minutes after hospital discharge). Photograph everything before the cars move. Exchange information under 625 ILCS 5/11-403. You are no longer required to file a driver's crash report with IDOT. You have two years to sue — but only one year if a government vehicle was involved.

📝 Record your accident with NowAccident now → — three minutes, free, no account needed.

Step 1: Why can't you leave?

Because Illinois treats leaving as a separate crime from causing the crash.

A conviction under 11-401 also brings mandatory revocation of your license by the Secretary of State. More detail: [Illinois hit-and-run](/illinois/hit-and-run/).

Step 2: When must you call the police?

Under 625 ILCS 5/11-407, if the crash caused injury or death and no police officer investigates at the scene, the driver must give notice to the nearest police station or sheriff's office as soon as possible — and not later than 30 minutes after the crash.

If you're hospitalized and physically can't do it, the 30 minutes runs from your medical discharge.

Thirty minutes. That's tighter than any deadline in most states, and almost nobody knows it exists.

What about property damage?

Here's the part that requires care.

Illinois uses two damage thresholds that show up everywhere:

• $1,500 in property damage, when all drivers are insured
• $500 in property damage, when any driver is uninsured

Those numbers came from 625 ILCS 5/11-406 — the driver's report statute. That section was repealed by Public Act 102-0560 (SB 2455), effective August 20, 2021.

So what are those numbers doing today?

• Police agencies still use them to decide when a crash gets a written SR-19 Illinois Traffic Crash Report
• Under 625 ILCS 5/11-408, law enforcement must submit investigated crash reports to IDOT within 10 days
• Some municipal ordinances still impose their own reporting duty, citing the repealed state section

That last one matters. State law repealed the duty. Your city ordinance may not have. Check locally — a stale ordinance is still an ordinance.

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Step 3: What should you photograph?

Before anything moves. Once cars are pushed to the shoulder, that evidence is gone.

• Both cars, all four corners, from about ten feet back
• Every dent, close up
• Both license plates
• The wide shot showing where the cars stopped
• Skid marks, debris fields, fluid trails
• Traffic signals, stop signs, lane markings
• Sight-line blockers — hedges, parked trucks, snow piles
• Road surface, weather, lighting
• The other driver's license and insurance card

And the one everyone forgets: shoot the scene from each driver's seat. In a modified comparative negligence state, what the other driver could and couldn't see is the fault argument.

Step 4: What do you exchange?

625 ILCS 5/11-403 requires name, address, vehicle registration number, and your license on request, plus reasonable aid.

Get more:

• Insurance company and policy number
• Phone and email
• Whether they own the car

If they refuse, call the police. It isn't a courtesy, it's a statute.

Step 5: Witnesses, and a recording warning

Names, phone numbers, and emails. Phone numbers go dead.

Ask one question — "What did you see?" — and let them answer without coaching.

Careful with recording. Illinois is an all-party consent state under the eavesdropping statute, 720 ILCS 5/14-2. Ask permission out loud, and get the "yes" on the recording.

Step 6: Get checked out

Illinois has no PIP. There is no 14-day rule, no automatic $10,000 of no-fault medical coverage. Your options are your health insurance, optional medical payments coverage, or waiting on a liability settlement.

Which sounds like less pressure. It isn't.

Because there's no no-fault backstop, the gap between the crash and your first medical visit becomes the defense's favorite exhibit. A three-day gap is normal. A three-week gap gets characterized as "the injury came from something else."

Go. Get it written down. Even if you feel fine.

Step 7: Understand the 50% cliff

Illinois is an at-fault state running modified comparative negligence under 735 ILCS 5/2-1116.

You recover damages reduced by your share of fault — but if your fault is more than 50%, you recover nothing at all.

The adjuster starts assigning that percentage on the first phone call. On a $150,000 claim, a 15% assignment costs you $22,500 before anyone negotiates anything. See [Illinois comparative negligence](/illinois/no-fault-vs-at-fault/).

📝 The percentage is decided by evidence, not by who sounds calmer on the phone. Record it now with NowAccident.

Step 8: Know your deadlines

That last row is the trap. One year, not two. Full breakdown: [Illinois statute of limitations](/illinois/statute-of-limitations-car-accident/).

Step 9: Call your insurer — and read your declarations page

Illinois requires 25/50/20 liability coverage under 625 ILCS 5/7-203 and 7-601: $25,000 per person for bodily injury, $50,000 per crash, $20,000 for property damage.

It also requires uninsured motorist coverage in every policy under 215 ILCS 5/143a — at minimum 25/50. That statute names hit-and-run vehicles specifically, which matters enormously if the other driver flees.

Frequently asked questions

Do I have to file a crash report in Illinois? Not as a driver. Public Act 102-0560 repealed the Illinois Motorist Report requirement in 625 ILCS 5/11-406, effective August 2021. Only state employees driving state vehicles still file with IDOT. Check whether your municipality has its own ordinance.

Then what's the $1,500 threshold I keep reading about? It's the level at which police typically complete a written crash report ($500 if any driver is uninsured). It no longer creates a filing duty for you under state law.

Is Illinois a no-fault state? No. Illinois is at-fault. There's no PIP. The at-fault driver's insurer pays.

How long do I have to report an injury crash to police? As soon as possible, and no later than 30 minutes after the crash under 625 ILCS 5/11-407 — or 30 minutes after you're discharged from the hospital.

Can I record the other driver? Only with their consent. Illinois is an all-party consent state under 720 ILCS 5/14-2.

📝 Thirty minutes. Two years. Fifty-one percent. Record your accident with NowAccident — free, three minutes.

Sources

• 625 ILCS 5/11-401, 11-402, 11-403, 11-404, 11-407, 11-408
• Public Act 102-0560 (SB 2455, 102nd G.A.) — repealed the driver's crash report requirement, effective August 20, 2021
• Illinois Department of Transportation — Crash Reports ("completion of the Illinois Motorist Report is no longer a requirement")
• 625 ILCS 5/7-203, 5/7-601 — minimum liability limits
• 215 ILCS 5/143a — mandatory uninsured motorist coverage
• 735 ILCS 5/2-1116, 5/13-202, 5/13-205; 740 ILCS 180/2; 745 ILCS 10/8-101
• 720 ILCS 5/14-2 — eavesdropping / all-party consent

Disclaimer

This article is general information about Illinois law as of the last updated date. It is not legal advice and does not create an attorney-client relationship. The repeal of the driver's crash report duty (625 ILCS 5/11-406) by P.A. 102-0560 is not reflected on every government page or law firm site; municipal ordinances may impose separate duties. Confirm both state and local requirements. Verify current statutes at ilga.gov and consult a licensed Illinois attorney. Health statements here are general information, not medical advice.