Car Accident FAQs

Thousands of crashes happen each year on busy roads like the Kennedy Expressway, Lake Shore Drive, and neighborhood streets across Cook County. At Rosenfeld Injury Lawyers, we focus on helping accident victims seek compensation after serious injuries, collisions, and wrongful deaths. This page answers the most common car accident FAQs we hear from clients in Chicago and throughout Illinois.

When should I contact a car accident lawyer in Chicago?

You should contact a Chicago car accident lawyer as soon as possible after the crash, ideally within days. Early legal assistance helps protect your rights. 

A lawyer can handle communications, help you gather evidence (such as medical records and witness statements), and ensure that critical steps like obtaining the police report and documenting your car accident injuries are handled correctly.

At Rosenfeld Injury Lawyers, we offer free consultations and don’t get paid unless you win. You’ll get straightforward answers about your case and what to expect.

How do I file a car accident claim in Illinois?

To file a car accident claim, you typically start by notifying the own insurance company and possibly the other driver’s insurer, depending on fault and coverage. After that, a formal insurance claim is filed. You’ll need:

• A copy of the police report
• Medical bills and proof of medical treatment
• Photographs of the scene and property damage
• Contact info for the drivers involved, witnesses, and responding emergency services

Under 735 ILCS 5/2-1116, Illinois follows a comparative fault rule, which can impact your recovery if you’re partially at fault. A car accident lawyer can walk you through how this might affect your car accident claim and help you avoid pitfalls that might reduce your compensation.

What should I know about filing an auto accident claim in Chicago?

An auto accident claim in Chicago involves several steps: reporting the crash, seeking immediate medical care, preserving evidence, and documenting injuries and expenses. Timelines and claims processes can vary depending on whether the claim is against your own insurance company (first-party claim) or the other driver’s insurer (third-party claim).

In most cases, the insurance company will ask for a recorded statement, something you should avoid until speaking with a lawyer. They may also pressure you into settling before the full extent of your treatment is clear. A qualified car accident lawyer will handle all communication and negotiations, making sure your auto accident case is valued properly.

What are common car accident injuries that require legal help?

Some car accident injuries may not show symptoms right away, which is why it’s critical to seek immediate medical care even if you feel okay. Common injuries we see in Chicago car accident cases include:

• Whiplash and neck pain
• Broken bones
• Spinal and back injuries
• Concussions and traumatic brain injuries
• Internal bleeding or organ damage
• Severe lacerations or burns
• Other injuries

If your injury required hospitalization, surgery, rehab, or ongoing treatment, your case may involve significant damages. In that situation, it’s crucial to involve a car accident lawyer early. These cases often go beyond a basic car insurance claim and require a full personal injury investigation.

What should I do at the accident scene after a car collision?

If you’re physically able, take these steps at the accident scene:

• Call 911 and wait for emergency personnel to arrive.
• Seek medical attention immediately if needed.
• Take photos of all vehicle damage, injuries, and positions of any other vehicles involved.
• Exchange contact and insurance information with the other driver.
• Collect witness contact info.
• Do not admit fault, even casual apologies can be used against you.
• Request that a police report be completed at the scene.

Documenting the collision early makes a big difference in your auto accident case. You or your attorney can later use these details to collect evidence and build a strong claim.

How do I get a copy of the accident report after a crash in Chicago?

The accident report is a key piece of evidence. In Chicago, you can request a copy through the Chicago Police Department or the Illinois State Police, depending on which agency responded. Online access is usually available for a small fee.

Your attorney can also obtain the report as part of their case investigation. The report includes information about the accident scene, weather conditions, statements from any other parties involved, and police officers’ opinions on establishing fault.

What if the other driver doesn’t have insurance?

If the other driver is uninsured or underinsured, you can recover compensation through your own uninsured motorist coverage (UM). In Illinois, this type of coverage is mandatory in all standard auto policies, and it can help cover:

• Medical expenses
• Lost wages
• Pain and suffering

Our firm regularly handles auto accident cases where the at-fault party either fled the scene or lacks enough insurance. Don’t assume you’re out of options. We can evaluate your policy and identify any coverage you can use to file a claim.

Do I need to report every car collision to the police?

Yes, under Illinois law, you must report any car collision that involves:

• Injury or death
• More than $1,500 in property damage (or $500 if one party is uninsured)

Failing to file a report can lead to fines or driver’s license suspension. Even in minor crashes, it’s smart to call the police so there’s an official record. The police report helps prove that the accident occurred, and it may be required by your own insurance company when filing a claim.

How much is my car accident claim worth?

The value of your claim depends on:

• Severity of your injuries
• Cost of medical treatment
• Impact on your work and daily life
• Pain, suffering, and emotional distress
• Who was at fault

While minor auto accident cases might settle for a few thousand dollars, serious accident claims can be worth six or even seven figures. At Rosenfeld Injury Lawyers, we take the time to build a complete picture of your losses so nothing gets left out of your personal injury claim.

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

No, at least not without legal advice. Yours or the other insurance company may contact you soon after the auto accident, asking for a recorded statement or a quick settlement. These tactics are designed to minimize what they pay.

Let a car accident lawyer handle communications with both the driver and the insurance company. This helps protect your case and ensures you don’t say something that could be used to deny or reduce your claim.

How long do I have to file a car accident claim in Illinois?

In Illinois, the statute of limitations for most personal injury cases is two years from the date the accident occurred (735 ILCS 5/13-202). For claims involving government vehicles or public employees, the deadline might be shorter.

Waiting too long can mean losing your right to recover damages. Even if you’re still receiving treatment, it’s smart to consult with a lawyer early. We’ll make sure all filings are timely and compliant with Illinois law.

What if I lost a loved one in a car accident?

If someone dies due to a car accident, their family may file a wrongful death lawsuit. This type of personal injury lawsuit can allow families to recover compensation for:

• Funeral and burial costs
• Loss of financial support
• Loss of companionship

Our Chicago personal injury lawyers handle these sensitive cases with care, compassion, and the skill needed to hold the at-fault driver accountable. We know how devastating it is to lose someone to a preventable accident and will fight to help your family get justice.

Why do insurers reject valid injury cases?

When an insurance company denies a case, it’s often due to alleged documentation gaps, disputed fault, or missed technical requirements. A denial does not eliminate your ability to pursue recovery. With proper legal representation, the claim can be reviewed, challenged, and escalated through the appropriate legal process.

How do roadway rules affect responsibility?

Violations of Illinois traffic laws (625 ILCS 5/) frequently influence how fault is assigned. Failure to obey signals, unsafe turns, or distracted driving can shift responsibility away from you. These rules are often central when liability is contested.

Are claims different if a public vehicle is involved?

Yes. Crashes involving a government entity follow special procedures and shorter deadlines. Missing a step can permanently bar recovery, which is why early legal guidance is essential to preserve your legal rights.

What does being fully compensated really mean?

Being fairly compensated means receiving payment that reflects the true impact of the injury, not just immediate expenses. Fair compensation accounts for long-term consequences, lost income, and how the injury affects daily life.

How do I start the legal process after an auto accident in Chicago?

Whether you were injured in a downtown Chicago intersection or on a suburban highway, the aftermath of a car accident is overwhelming. You shouldn’t have to take on the insurers alone. 

At Rosenfeld Injury Lawyers, we’ve helped thousands of accident victims get compensated for their losses, and we’re ready to help you. We will help you gather evidence and help you seek compensation for medical expenses, lost wages, and any other car accident damages.

Call us today for a free consultation with an experienced car accident lawyer. We’re available 24/7, and there’s no fee unless we win your case.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.