Car accidents are terrifying and traumatic experiences, especially if the crash ends in serious injury to you or a loved one. Unfortunately, the distress doesn’t always end with the crash and immediate aftermath. While you’re dealing with your physical and emotional recovery after an Illinois car accident, there are also legal requirements that Illinois expects an accident survivor to meet. One of the first requirements is to report the car accident to the authorities. Failing to report an accident can have legal and financial consequences.
After a serious accident, it can be challenging to take purposeful action. If you are severely injured or incapacitated, you may have to rely on others at the scene and emergency services; however, after an accident involving any injuries, fatalities, or property damage of $1,500 or more, the accident must be reported to the police, who come to the scene and begin the police report. In most cases, simply calling 911 is sufficient to notify the correct authorities, such as a local police department within a municipality or the state police or sheriff’s department, depending on the accident’s location.
After first taking reasonable first aid measures and ensuring that all involved in the accident are safe, the next step after an accident should be calling the police.
The police typically generate a car accident report at the scene of the accident. Formerly, Illinois also required involved drivers to file a formal report to the Illinois Department of Transportation (DOT) using an official Illinois Motorist Crash Report. More recently, under Illinois Public Act 102-0560, the state repealed the former requirement. Only state employees must file formal reports to the Illinois DOT when involved in an accident while driving a state vehicle. The police report alone is sufficient for non-state employees.
The police report becomes critical evidence after an accident when an injury victim seeks compensation for their accident-related damages, like medical expenses, lost wages, and compensation for pain and suffering. Under the state’s modified comparative negligence laws, a car accident victim must be less than 50% at fault for the accident to recover compensation for their damages. For this reason, the insurance companies involved investigate the accident and assign a percentage of fault to each party. An injury victim who contributed to the accident by less than 50% may recover compensation, but the insurance company subtracts their percentage of fault from the total amount they pay out on the claim.
An accident report is typically completed within ten days of the accident. An injury victim may obtain a copy of their accident report through the state’s online portal.
The accident report is a crucial portion of the evidence in a car accident claim, along with photos, videos, and eyewitness testimony. An experienced Chicago auto accident lawyer uses the police report and other evidence to make a compelling case for the maximum compensation available for their client by proving the other driver at fault or mostly at fault for an accident.
"*" indicates required fields