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Minor car accident two days ago and the other driver does not have insurance

Chicago, IL |

I was rearended two days ago, since the other driver did not have insurance and there is only minor damage to my bumper, we decided not to file a police report, and come to an arrangement. If the other driver does not pay for the damages, how long do I have to file a police report regarding the accident and can I get in trouble for not immediately filing the report? Thanks.

Attorney Answers 3

Posted

When should a crash be reported?

Illinois law: “The driver of a vehicle that is in any manner involved in an accident within this State, resulting in injury to or death of any person, or in which damage to the property of any one person, including himself, in excess of $500 is sustained, shall, as soon as possible but not later than 10 days after the accident, forward a written report of the accident to the Administrator” (625 ILCS 5/11-406). The Administrator is the Illinois Department of Transportation (IDOT) — Division of Traffic Safety

So you have 10 days to file the report. And here is who you contact for help with filing your own report: call (217) 782-2575 or email IDOT at IDOTCRASHFORM@illinois.gov.

I hope this helps you solve your problem.

Sincerely,

Matt Powell
Eaton, Powell & Tirella
304 Plant Avenue
Tampa, Florida 33606

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Posted

Illinois law requires you to report an accident involving injury or property damage that involves more than I believe $350 in damage within 10 days of a collision. The orange "Illinois Traffic Crash Report: form given to you by the investigating police officer at the scene of your collision should be filled in immediately and sent to the Accident Report Section of the Office of the Secretary of State, 3205 Executive Parkway, Springfield, IL 62706. The failure to do so could lead to the suspension of your driving privileges and the loss of your registration/plates. Never mind that you've made some sort of deal with the uninsured motorist. That does not excuse you from following the requirements of the law.

Be sure to give the uninsured motorist a full release when you are paid for your damages. This will give him a defense if and when the Secretary of State tries to take his driving privileges and plates away. By producing your release, he will be in the clear.

Both of you are protected this way.

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Posted

Although you will see an answer from a colleague from Florida and factually he is correct. In today's world with today's vehicles it is a rare for a accident not to have $500 worth of damage even with the simplest scrape of a bumper. For your own protection if you do not know the proper Police Department to report the incident to follow the directions to IDOT. If you know the jurisdiction or proper Police Department please make a report. Also I would advise you to contact your insurance company. The reason for both of these pieces other device is simple the other driver may report you as a hit and run and then report greater damage both physical to their body and to their vehicle from this accident. Both of these actions are for your protection. Also I would recommend taking pictures of your vehicle and writing down all of your observations and details of the incident as soon as possible in case this matter ends up before a court.
Unfortunately, in the small space provided for questions one is unable to get a full background of the matter. In the situations such as you are explaining you should immediately seek the counsel of a capable attorney that practices in this area of law or if you cannot afford an attorney, you should seek a social service organization in your area. This answer is general in nature and does not form an attorney client relationship. If you would like to get more information on this topic or to establish an attorney client relationship please contacts my office.
This may be deemed an advertisement and as such: information contained within this answer has been approved by Bradley L. Schencker, a licensed attorney to practice law in the State of Illinois, for any questions contact Bradley L. Schencker by the methods provided herein.

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