Car Insurance Claim Process in Illinois

When someone comes to our Chicago-based firm after a serious car accident, one of the first things we help them understand is the car insurance claim process in Illinois. Even a routine fender-bender can feel overwhelming when you’re suddenly dealing with an insurance company, medical bills, a damaged car, and confusing insurance contracts. From the moment you reach out, we stand with you and guide you through every step so youn can move forward with clarity and confidence.

Reporting the Car Accident

The first step in the claim process is making sure the crash is properly reported. Illinois law sets clear requirements, and following them helps strengthen your compensation claim and prevents disputes later.

Police Report

Under 625 ILCS 5/11-407, drivers must contact law enforcement after any accident that results in injury, death, or significant property damage. In Chicago, this typically means calling CPD to the accident scene.

An official incident report documents involved parties, roadway conditions, witness statements, visible damage, and whether any citations were issued. Insurance companies rely heavily on this report when determining fault and liability.

We always encourage our clients to request the report number before leaving the scene. This one step can make the rest of the claim smoother.

Exchanging Information

Illinois law also requires drivers to exchange basic contact and insurance information, including:

• Full name and address
• Driver’s license details
• License plate
• Car insurance policy information
• Contact information for the owner of the vehicle (if different from the driver)

Collecting accurate details from the other driver helps avoid coverage disputes and ensures that both drivers’ insurance companies can properly determine who is responsible.

Notifying the Insurance Company

Under 215 ILCS 5/143.1, you must also notify your insurance company “within a reasonable time.” Most insurance companies interpret this very strictly, sometimes requiring same-day or next-day notice.

Your initial report should include:

• The date and time of the accident
• Location
• All involved parties
• Any injuries
• Visible property damage
• Details from the police report, if available

We routinely help clients make this call so they avoid mistakes or statements that could later be used to dispute liability.

Documenting the Accident Scene

Before leaving the scene, if you are medically able, document as much relevant information as possible, including:

• Photos of vehicle positions and roadway layout
• Damage to each car
• Skid marks, traffic controls, or debris
• Visible injuries
• The surrounding area, lighting, and weather
• Any surveillance cameras that might have captured the auto accident

This evidence helps prevent liability disputes and protects you if the insurance company later claims the repair expenses or injuries were not related.

Filing Against the At-Fault Driver’s or Your Own Auto Insurance Policy

In Illinois, you may file your insurance case through:

The At-Fault Driver’s Liability Insurance

If another negligent driver caused the crash, their liability insurance pays for your property damage, medical expenses, and other losses, up to their policy limits. This process generally requires:

• Proving liability
• Providing documentation of losses
• Cooperating with the other insurer’s requests
• Negotiating repair, injury, or totaled vehicle values

Your Own Car Insurance Policy

You may file through your own insurance company when:

• You have collision insurance for repair of a damaged car
• You need medical treatment coverage under MedPay
• You’re handling a stolen vehicle or theft claim
• The other driver is uninsured or underinsured
• You need a rental vehicle immediately

These options can help you move forward faster. In most cases, your insurance company handles reimbursement from the other party later.

Each path has its own requirements, and we help clients choose the route that protects their claims and speeds the process.

Insurance Adjuster Investigation and Damage Assessment

Once a claim is opened, the insurance adjuster becomes the main point of contact. This person gathers facts, evaluates liability, and estimates costs.

Here’s what the adjuster typically reviews:

Inspection of the Damaged Vehicle

The adjuster examines the car for:

• Type and location of damage
• Estimated cost of repair
• Whether the vehicle is repairable or totaled
• Signs of further damage inconsistent with the accident

They may request photos, inspect the car at a vehicle repair facility, or send you to a drive-in assessment location.

Determining Fault and Liability

The adjuster evaluates:

• The police report
• Statements from both drivers
• Witness information
• Property damage patterns
• Traffic laws

This determination affects whether the claim is paid, reduced, or denied.

Evaluating Medical Information

For injury claims, the adjuster reviews:

• EMS and ER records
• Ongoing treatment notes
• Medical bills
• Prognosis and long-term needs

Their assessment heavily influences the settlement value.

Adjusters do not represent your interests, they represent the insurance company. We stand with you throughout this stage to ensure your rights are protected and the adjuster receives only what is necessary.

Auto Repair

Once coverage is accepted, the vehicle restoration portion of the claim process begins.

Repair Estimates

You can usually obtain estimates from any certified repair center. Many insurance companies also have preferred shops, but you are not required to use them.

A typical process includes:

• Initial inspection
• Supplemental estimates if hidden damage is found
• Insurance company approval before work begins
• Payment arrangements, either direct pay or reimbursement

Choosing a Repair Shop

Most insurance policies allow you to choose your own repair shop, though insurance companies may encourage certain partners. You have the right to select who works on your vehicle.

If the Vehicle Is Declared a Total Loss

A total loss means repairs exceed a certain percentage of the car’s value. In that case:

• The insurance company determines the actual cash value (ACV)
• They subtract your deductible
• You receive payment, which can be used toward a replacement vehicle

You may be responsible for storage fees at a storage facility if the vehicle stays there too long. We help clients navigate those deadlines so costs don’t escalate.

Payout

Once liability and damages are confirmed, the insurance company issues payment according to the type of insurance purchased.

In most situations, payments come in separate checks: one for property damage, one for injuries.

Property Damage

It covers:

• Repair expenses
• Non-repairable vehicle value
• Towing and storage fees (in many cases)
• Personal items damaged inside the vehicle

Bodily Injury Liability

This pays for injuries caused by the driver who caused the crash, including:

• Medical expenses
• Lost wages
• Pain and suffering

Your Own Policy Protections

Depending on your car insurance plan, your payout may include:

• Collision insurance
• MedPay for medical expenses
• Uninsured/underinsured motorist benefits
• Rental vehicle reimbursement while your car is in a repair shop

Common Challenges When Filing Auto Accident Claims

Even straightforward crashes can become complicated. Some of the most common issues we see include:

Liability Disputes

For example, insurance companies may claim:

• You contributed to the accident
• Their driver was not responsible
• Evidence is insufficient

Delayed or Denied Claims

Delays often arise from:

• Missing documentation
• Internal insurance company review
• Adjuster disputes
• Questions about prior damage

Denials may result from:

• Disputes over fault
• Missed filing deadlines
• Alleged violations of the policy

Disputes Over Damage Amounts

Insurance companies may undervalue:

• Repair costs
• The condition or value of the vehicle
• The ACV for a totaled car

Disputes Over Injury Severity

Adjusters may downplay:

• Treatment necessity
• Long-term effects
• Diagnostic findings

We guide clients through these challenges so they feel supported and never pressured into accepting an unfair offer.

What to Do if the Insurance Company Denies Your Claim

A denial doesn’t mean the end of your case. You still have options, and we stand with you through each one.

Request Written Explanation

Ask the insurance company to detail:

• The reason for the denial
• What evidence they relied on
• Which policy provisions apply

Submit Additional Evidence

This may include:

• New medical records
• Supplemental damage cost estimates
• Photos or witness statements
• Proof that the other driver caused the crash

File an Internal Appeal

Most insurance companies have multi-step review procedures. We help clients pursue these appeals and prepare the strongest record possible.

Consult a Car Accident Lawyer

If you face serious injuries, substantial property damage, or a complex dispute, involving a Chicago car accident lawyer can protect your rights and ensure no release or document is signed prematurely. Many clients come to us after trying to handle these matters alone, and once we step in, the process becomes far more manageable.

How We Can Help You File a Claim

As a Chicago traffic accident lawyer team, we help our clients at every stage of the journey, from the moment the accident happens to the final payout.

Here’s how we support you:

• Gathering relevant information and documenting the accident scene
• Handling communications with the insurance company
• Reviewing insurance contracts and advising on coverage
• Helping you avoid statements that could be used to dispute liability
• Coordinating with repair shops and medical providers
• Challenging low repair estimates or undervalued totaled car offers
• Guiding you through appeals if the insurance company delays or denies your claim
• Standing with you so you never feel pressured, overwhelmed, or alone

We handle car accident cases on a contingency fee basis, meaning you owe no upfront costs and no attorney fees unless we recover compensation for you. Your consultation is always free, and we’re here to help you understand your rights, your options, and every step of the Illinois car insurance case process.

Whenever you’re ready, contact us. We stand with you, and we believe in your case.