Illinois Car Accident Claim Process: Steps to Follow
Understand the Illinois car accident claim process, from notifying insurers and keeping records to filing a complaint with the Department of Insurance.
The Illinois car accident claim process generally means notifying insurers, documenting your losses, answering the adjuster's questions and negotiating a payment. If the insurer handles the claim unfairly, you can file a written complaint with the Illinois Department of Insurance, which sends it to the company for a response. This article walks through each stage.
What is the Illinois car accident claim process?
A claim is your request for an insurer to cover losses from a crash. Illinois is an at-fault state, so claims are often made against the driver who caused the crash, and fault can also reduce what you receive. For more on that, see our overview of Illinois personal injury law.
- Get medical attention and make sure everyone is safe.
- Notify your insurer, and the other driver's insurer if you are claiming against it.
- Collect and organize evidence and records.
- Cooperate with the investigation without guessing or speculating.
- Review any offer carefully before you accept.
- If the claim is handled unfairly, contact the insurer, then the Department of Insurance.
What should I do first after a crash in Illinois?
Safety and medical care come first. Then exchange names, contact and insurance information with the other driver, and write down witness details. Photograph the vehicles, the road and any visible injuries. Police and reporting requirements depend on the crash, so confirm the current rules with the Illinois Secretary of State or local police.
How do I notify the insurance companies?
Report the crash to your own insurer soon, because your policy may require prompt notice, even when the other driver seems to be at fault. When speaking to any adjuster, give basic facts and avoid guessing about fault or about how badly you are hurt. Note the claim number, date and adjuster's name every time you call.
What records strengthen an Illinois car accident claim?
- Photos and videos of the scene, vehicles and injuries
- The police report number, if there is one
- Medical records, bills and appointment notes
- Repair estimates and receipts for out-of-pocket costs
- Proof of lost income
- Copies of every letter and email from the insurer
See who pays medical bills after a car accident to understand how different coverage can apply while the claim is pending.
How does shared fault affect the claim?
Insurers often look for ways to assign part of the blame to the injured person. Illinois uses a modified comparative fault rule, so your share of fault matters. Read about the Illinois 50 percent rule before giving a recorded statement or accepting a quick settlement.
What if the insurer delays or denies my claim in Illinois?
The Illinois Department of Insurance (IDOI) advises contacting the insurer or agent first and documenting each call with the person's name, the date and a brief summary. Keep copies of all written communication. If that does not resolve the problem, you can file a complaint.
| Complaint detail | What IDOI says |
|---|---|
| Format | Must be in writing |
| Ways to file | Online Help Center, email, mail, fax or a printed form |
| Insurer response time | 21 days under Illinois law |
| Typical investigation time | Four to six weeks |
IDOI cannot act as your lawyer or give legal advice. It also cannot decide facts such as who was at fault or the value of damaged property, and it cannot resolve disputes that come down to one person's word against another's.
When is legal advice worth considering?
If injuries are serious, fault is disputed or the insurer denies the claim, an Illinois attorney can explain your options, including lawsuit deadlines that run separately from the claim. Compare what you are offered with what a car accident settlement may be worth. This site provides general information, not legal advice.
Frequently asked questions
Who do I file an Illinois car insurance complaint with?
You can file a written complaint with the Illinois Department of Insurance through its Help Center, by email, mail or fax, or on a printed form. Try to resolve the problem with the insurer or agent first and keep notes of each contact.
How long does the insurer have to respond to an IDOI complaint?
IDOI sends a copy of your complaint to the insurer, which has 21 days to respond under Illinois law. The Department says to allow four to six weeks for it to complete its investigation, and it sends a written result.
Can the Illinois Department of Insurance decide who was at fault?
No. IDOI says it cannot determine facts such as who was at fault or the value of damaged property, and it cannot give legal advice. It can ask an insurer to answer questions or take corrective action if a law or policy was violated.
Should I notify my insurer if the other driver caused the crash?
Generally yes. Your policy may require prompt notice no matter who was at fault, and your own coverage may apply. Give basic facts, keep the claim number, and read your policy for any reporting time limit.