Car accidents are very common, so much so that most people you know have probably been in an accident or know someone who has. After many accidents, the police and emergency responders are dispatched to the crash scene to render aid and investigate. But what if the accident is minor or you would rather not involve the authorities? What happens?
In the past, drivers were legally required to report accidents that met specific criteria to the Illinois Department of Transportation (IDOT). However, in recent years, this law was repealed. Instead, drivers are required to call the police for help immediately after the crash, and the police may file reports with IDOT. Once you call the police, they should come to the accident scene, investigate if necessary, and write a formal report about the crash. The report may be extremely helpful in insurance claims and lawsuits, and the police can help you find evidence when they investigate.
If you were involved in a vehicle collision, ask our Illinois personal injury attorneys at Rhatigan Law Offices for a free case evaluation by calling (312) 578-8502.
Car Accident Reporting Requirements in Illinois
Legal requirements surrounding how and when drivers must file reports with the authorities about accidents have changed recently. At one point, drivers were required to file a report about their accident with IDOT if the accident met specific criteria. Now, drivers are not required to report anything to IDOT, but they must call the police about the accident as soon as possible.
Under the old law, which has been repealed, drivers had to contact IDOT and file a report about the accident if the accident involved bodily injuries, death, or property damage worth at least $1,500. Minor accidents with no injuries and minimal property damage did not need to be reported to the authorities. This rule has been removed, and drivers no longer need to contact IDOT about crashes.
The current law under 625 IL.C.S. § 5/11-407(a) requires drivers to contact the police about the accident by the fastest means of communication possible. This usually means that immediately after a crash, drivers should pull over, exchange information, and call the police. Under § 5/11-407(b), if a driver is incapable of calling – likely due to injuries – another occupant of the vehicle should call instead.
In short, as long as drivers call the police for help right after the crash, they likely do not need to file any formal reports. Since the police have already been contacted about the accident, it is not really necessary to have drivers reach out to IDOT.
Requirements for Police Reports for Car Accidents in Illinois
Typically, drivers are required to contact the police about a car accident as soon as possible. When this is complete, their legal obligations are fulfilled. However, the legal obligations of law enforcement are only just beginning. Under 625 I.L.C.S. § 5/11-408(a), the police are required by law to file a formal report about car accidents they are called to investigate.
Under the law, any law enforcement officer investigating a motor vehicle accident must file a formal report within 10 days of completing an investigation. The report is not entirely confidential, and details about the accident may be available to other government agencies.
Why is it Important to Call the Police After a Car Crash in Illinois?
Legally, injured drivers are not required to submit reports or documentation about a car accident in Illinois. However, they are required to contact the police as soon as possible by the fastest means of communication. This generally means an immediate phone call to 911 after an accident. However, not all drivers believe getting the authorities involved is necessary. Rest assured, calling the police about your accident is one of the best things you can do for your car accident case.
Why the Report is Necessary
You should contact the police immediately after a vehicle crash so they can investigate the accident. Even minor accidents with minimal injuries and damage may be complicated to figure out. The police have the skills and experience to investigate the accident and possibly determine who is responsible. They may also document everything about their investigation in their accident report.
Insurance companies might require the report, so you should definitely have one. If you go to file an insurance claim with no police report, the odds of getting your claim approved might not be too good.
If you choose to sue the other driver, the report can guide us to evidence we can use in a lawsuit. Details from the police investigation, such as witnesses, photos from the scene, and even physical evidence in some cases, may be of paramount importance in a lawsuit. We can use the report to obtain this evidence for ourselves.
Risks of Not Reporting an Accident
If you choose not to contact the police about your accident, you risk losing compensation for injuries and vehicle damage. Insurance companies often want to see police reports so they know the accident claim is not fraudulent. Insurance companies will be suspicious if you do not report the accident. They are also likely to ask you about it. If you cannot come up with a good reason for not getting the police involved, your insurance claim might not go the way you want.
A court of law will also have questions. You have the right to file a lawsuit with or without a police report for your car accident, but not reporting the accident to law enforcement will look bad. The defendant might argue that if your injuries and damages are as serious as you claim, you would have called the police. If the accident involved serious injuries or death, you might be in serious legal trouble for not contacting the police. The bottom line is to call the police after an accident, even if it is minor.
Contact Our Illinois Car Accident Lawyers For Help Today
If you were involved in a vehicle collision, ask our Chicago, IL car accident attorneys at Rhatigan Law Offices for a free case evaluation by calling (312) 578-8502.
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