No Ticket, No Illinois Police Report: Car Accident Claims

Published: October 20, 2026

You can call a lawyer before the Illinois police report is ready, and a ticket, or no ticket, does not decide who was at fault. Under 735 ILCS 5/2-1116, fault is decided on the evidence, and the jury, or the judge when there is no jury, decides it. The report is worth getting for names, insurers and witnesses.

Nobody got a ticket, and the police report is not back yet. You are wondering whether to wait for the paperwork, and whether the report decides fault. You can call now. The report does not decide fault, and neither does a ticket or the lack of one. If you are reading this for a spouse, a parent or a child who was in the crash, the same answers apply, and you can make the calls for them.

Can I call a lawyer before the Illinois police report is back?

Yes. Nothing in Illinois law requires a police report, or a ticket, before you make an injury claim. Police report and crash report are two names for the same thing: the written report the investigating officer prepares. The claim rests on what can be shown about the crash: what the drivers and witnesses say, the photographs, the damage to the vehicles, and the records that follow. The report is one place to find witness names and insurance information, and the claim can start before it exists.

Under 625 ILCS 5/11-408, the officer has up to 10 days after the investigation, or another period the state sets, to send the written report to the state. That is a deadline for the officer’s report to the state, not the day a copy is ready for you. The department that responded keeps its own copy and releases it under its own records process.

Does the police report decide who was at fault?

No. In an Illinois injury claim, fault is decided on the evidence. If the case goes to trial, the jury decides it, or the judge when there is no jury. A driver who is more than 50 percent at fault recovers nothing; at 50 percent or less, the recovery is reduced by that share. Our post on suing when you were partially at fault for an Illinois car accident walks through how that percentage is argued and then decided.

The crash report is useful. It lists the drivers, their insurers, the witnesses, the officer’s diagram and the officer’s notes. At trial the report itself usually stays out, because it collects what other people told the officer. The officer testifies to what he or she saw at the scene: where the vehicles came to rest, the marks on the road, the damage. An officer who did not see the crash is not allowed to give an opinion about speed or the point of impact unless the court accepts the officer as a crash reconstruction expert. If the officer marked a contributing cause, that is the officer’s view, and the jury weighs the evidence itself.

Does a ticket, or no ticket, decide fault?

No. A ticket does not decide who was at fault in the injury claim, and neither does the absence of one. Whether the other driver got a ticket or nobody did, the claim is proved the same way, with the evidence. One traffic court event does carry into the injury claim, and it comes next.

What if the other driver pays the ticket or pleads guilty?

A guilty plea is different. If the other driver pays the ticket or pleads guilty, that plea can be used as evidence in the injury claim. The plea is one piece of evidence: the driver may explain to the jury why they pleaded, and the jury decides what weight the plea carries. Paying a ticket by mail counts as a guilty plea. If a driver pleads guilty and receives court supervision, that guilty plea stays usable in the injury claim even after the charge is later dismissed. If a driver pleads not guilty and is convicted anyway, that conviction is treated differently: the jury in the injury claim does not hear it as proof of what happened.

If you were the one ticketed, the same rules apply to you. The form you sign to pay a ticket by mail is a written guilty plea, and the other side can use it, so talk to a lawyer before you pay or plead. A ticket against you does not end your injury claim. Under 735 ILCS 5/2-1116 you can still recover when your share of fault is 50 percent or less, and the recovery is reduced by that share.

What if no officer came and there is no report at all?

Call the police department for the place where the crash happened, and do it today. Ask how to make a report. Illinois requires drivers in an injury crash to stop, exchange information and help anyone who is hurt. If no officer is present, 625 ILCS 5/11-407 requires the driver to notify the police by the fastest means available. Inside a city, village or town that means the local police department; elsewhere it means the county sheriff or the Illinois State Police. That duty applies when the crash injures or kills someone or causes property damage over $1,500 (over $500 if a vehicle involved is uninsured).

If you exchanged information and went home, the call to the department today is the step that remains. Since 2021, Illinois drivers no longer mail a separate motorist report to the state, a change the Illinois Department of Transportation explains on its crash reports page. Without a report, the claim rests on the same kinds of evidence. Our step-by-step post covers the steps to take after a car accident in Illinois, in order.

How do I get a copy of the crash report, and what does it cost?

Request it from the agency that investigated the crash. If the officer handed you a paper at the scene, it lists the investigating agency and the crash report number. Without it, ask the department that responded. Where the request goes depends on who investigated:

A crash the Illinois State Police investigated: the ISP releases its own reports online or by mail. Its E-Pay request page says the copy is redacted (some information is blacked out) and that a request can take 10 or more business days. The same page says the ISP rarely handles crashes on municipal streets, so check the “Investigated By” box on the paper the officer gave you before you request a copy from the state police.
A crash in Peoria: the Peoria Police Department takes requests through its records office, online, in person or by mail, and its request police records page lists the steps.
A crash elsewhere in Peoria, Tazewell, McLean, Knox or Woodford County: ask the department or sheriff’s office that responded for its records request process.

As of 2026, the fee set by 625 ILCS 5/11-416 is $5 for a copy of a state police report, or $20 when a crash reconstruction officer or team investigated. The ISP adds a card service fee for online requests. Other agencies may charge up to the same amounts for the reports they prepare. Our evidence guide explains what the crash report contains and why a major mistake in it should be raised promptly. Keep any paper the officer gave you, the other driver’s information and any photographs in one place, and request the report from the department that responded.

What if the other driver’s insurer calls before the report is out?

The adjuster handling the other driver’s claim may call before the report exists and ask for a recorded statement. A recorded statement is the adjuster’s recorded interview with you about the crash. You do not owe a recorded statement to that adjuster; get advice first. Your own insurer is different: your policy has cooperation duties, and refusing can put your own coverage at risk, so ask before you refuse and before you answer. Our post on whether you have to give the insurance adjuster a recorded statement covers both situations. If you do speak with any adjuster, be accurate, and say plainly when a fact is still being sorted out.

How long do I have?

Most Illinois injury claims must be filed in court within two years of the crash under 735 ILCS 5/13-202. Some situations carry different deadlines, so ask about yours early.

What is the next step?

You can call before the report is back. Robert Parker personally handles every case the firm accepts. If another driver may have caused your crash, our Peoria car accident attorneys can start with what you have.

Call 309-673-0069 or use the contact page to set up a consultation.

Frequently Asked Questions

Nobody got a ticket after my Illinois car accident. Does that mean nobody was at fault?

No. A ticket does not decide who was at fault in an Illinois injury claim, and neither does the absence of one. Fault is decided on the evidence, and the jury, or the judge, decides it if the case goes to trial. You can start a claim when no ticket was written.

I got the ticket, not the other driver. Do I still have an Illinois injury claim?

You may still have one. Under 735 ILCS 5/2-1116 you can still recover when your share of fault is 50 percent or less, with the recovery reduced by that share; at more than 50 percent you recover nothing. Paying the ticket by mail is a guilty plea that the other side can use as evidence, so talk to a lawyer before you pay or plead.

Will the Illinois police report be used in court to prove fault?

At trial the report itself usually stays out, because it collects what the drivers, passengers and witnesses told the officer. The officer testifies to what he or she saw, and the jury weighs the evidence. The report is still worth requesting for the names, insurers and witness information it holds.

The other driver’s insurer already called and wants a statement. Do I have to give one in Illinois?

No. You do not owe a recorded statement to the adjuster handling the other driver’s claim, and you should get advice before giving one. Your own insurer is different: your policy sets cooperation duties, so ask before you refuse or answer a request from your own company.

I am calling for my husband or my daughter and I have none of their paperwork. Can I still call an Illinois injury lawyer for them?

Yes. If you are calling for a family member, you can make the first call. No Illinois statute requires the police report, the medical records or the other driver’s insurance information before you call. Bring what you have; partial information is welcome.

If you or a loved one has been injured in a car accident, the our Peoria personal injury team are ready to help you pursue the compensation you deserve.

No Ticket, No Illinois Police Report Yet: Can I Still Call a Lawyer?