01 / The first steps
What should I do first after a crash in Illinois?
Get help for injuries, report the crash and keep the information you already have. Medical care comes first. Tell the provider what happened and describe your symptoms, including symptoms that start later.
If you can do so safely, keep photographs, witness contact information, the police report number and the other driver's insurance details. Notify your own insurer and keep a copy of what you send. Whether the crash was on I-74, Knoxville Avenue or a neighborhood street, the details help establish what happened.
02 / How fault works
Can I recover if I share some of the fault?
Illinois allows recovery when your share of fault is 50% or less, with damages reduced by that percentage. More than 50% fault bars recovery in a negligence claim under 735 ILCS 5/2-1116.
If damages are $100,000 and your share of fault is 20%, the amount after that reduction is $80,000.
Calculation example only. A case value depends on its facts and available coverage.The driver's statement and the insurer's first opinion are parts of the investigation. Photographs, witness accounts and other evidence can change the assessment.
03 / Medical bills
Who pays for treatment while a claim is open?
Your health insurance and any medical payments coverage on your own auto policy may help while the injury claim is pending. Coverage and payment order depend on the policies. Keep bills, explanations of benefits and payment records together.
Ask which policies apply, what they cover and whether payments may have to be repaid from a recovery. Keep the bills and insurance correspondence together so those questions can be checked against the policy terms.
The firm's guide to paying medical bills during an Illinois injury case explains those options in more detail.
04 / Filing deadlines
How long do I have to bring an Illinois injury lawsuit?
The ordinary Illinois deadline for a personal injury lawsuit is two years under 735 ILCS 5/13-202. Exceptions and different rules can change the deadline, including claims involving a local public entity or a child. Insurance policies can also require prompt notice.
Have the dates checked for your situation. A lawsuit deadline and a policy notice requirement are separate issues. Evidence can also become harder to obtain while those deadlines are still running.
05 / Records to keep
What should I keep for an Illinois car accident claim?
Keep what you already have in one place. You can start a conversation with the firm while you are still gathering records.
- Crash date, location and police report number
- Photographs and witness contact information
- Your auto policy and insurance claim numbers
- Medical bills, payment records and explanations of benefits
- Time missed from work and related wage records
- Letters, emails and settlement documents from insurers
06 / Common questions
Frequently Asked Questions
Do I have to hire a lawyer to ask a question?
Do I have to hire a lawyer to ask a question?
No. The consultation is free. You can ask about the accident, the insurance coverage and the next steps before deciding whether to hire the firm.
Are damage to my car and my injury the same claim?
Are damage to my car and my injury the same claim?
They are separate parts of the loss. Before signing settlement papers, check what claims the release covers. A document's wording matters even when the payment is described as being for the car.
What if the other driver has too little insurance?
What if the other driver has too little insurance?
Your own uninsured or underinsured motorist coverage may matter. The available coverage, notice requirements and policy terms need review alongside the other driver's insurance.
What happens if I contact Parker & Parker?
What happens if I contact Parker & Parker?
The team will ask what happened and how to reach you. The firm will review your inquiry and follow up. An inquiry starts a conversation; representation begins through an agreement with the firm.