How Long Do You Have to Report a Car Accident in Chicago?
If you’ve been in an accident and have not yet reported it to the police, our Chicago car accident attorneys advise you to do so immediately. Even if you aren’t sure that the incident was severe enough to warrant a report, call the police and let them know what happened. Let a law enforcement official make a decision about whether a claim needs to be reported and filed.
The Illinois law is very specific about the amount of time individuals have to file claims.
Illinois Personal Injury Statute of Limitations and Car Accident Claims
In Illinois, the time limit a person has to file personal injury claims, including those arising from car collisions in Chicago, is generally two years from when the accident happened. This means you have two years to file a lawsuit in civil court seeking compensation for injuries sustained. If you fail to file within this period, you may lose your right to pursue legal action and recover damages.
It is important to note that while the law allows for up to two years to file a lawsuit, it is in your best interest to report the accident and file your claim as soon as possible. Prompt reporting ensures that evidence is preserved, witnesses can be interviewed while their memories are recent, and you can receive timely medical treatment, which is essential for both your recovery and your claim.
Exceptions to the Statute of Limitations
Although there are few exceptions to the statute of limitations for car accident claims, some situations may extend the filing period. These exceptions include:
- Minor Victims. If the injured party is a child, the statute of limitations may be extended until two years after their 18th birthday.
- Incapacitation. If the victim is mentally incapacitated and not able to manage their affairs, the statute of limitations may be paused until they regain mental capacity.
- Discovery Rule. In rare cases, if the injury was not discovered immediately, the statute of limitations may begin from the date the injury was discovered or reasonably should have been discovered.
Reporting the Claim to Insurance Carriers
Apart from the legal requirements, it is also essential to report the car accident to your insurance carrier promptly. Most insurance policies require policyholders to report accidents “as soon as reasonably possible.” Failing to report the accident promptly can result in the carrier denying the claim, leaving you responsible for covering your expenses out of pocket.
When reporting the accident to your insurance company, provide all currently available details, including the date, time, location, and a description of the incident.
Illinois Law on Reporting Vehicle Accidents
Illinois law mandates that any car accident resulting in bodily injury, death, or property damage exceeding $1,500 must be reported to the police. If the accident involves an uninsured driver, the damage threshold for mandatory reporting drops to $500
How to Report an Accident
To report a car accident in Chicago, you can contact the local police department or file a report online through the Illinois State Police. Here are the relevant contact details:
- Emergency Number: 911 (for accidents involving injuries or significant damage)
- Chicago Police Department Non-Emergency Number: 311
- Online Accident Report: Illinois State Police Crash Reports
Filing a police report ensures that the car collision is officially documented, which can be crucial for your insurance claim and any potential legal action. The report will include vital information such as the date and location of the accident, the parties involved, and any witness statements.
Importance of Prompt Reporting
Promptly reporting a car accident and filing a claim is critical for several reasons:
- Preservation of Evidence. Immediate reporting helps preserve crucial evidence, such as vehicle damage, skid marks, and debris, which can be used to establish fault.
- Witness Availability. Witnesses are more likely to provide accurate statements when the incident is fresh in their minds.
- Timely Medical Treatment. Seeking medical attention immediately after an accident ensures that injuries are documented and treated appropriately, which is essential for your health and your claim.
- Legal Compliance. Reporting the accident in accordance with Illinois law helps avoid penalties and ensures that you fulfill your legal obligations.