Hit-and-Run Accident in Chicago?
Even if the driver fled, you have options under Illinois law. Here’s how to protect your health and your claim.
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Key Takeaways
- Call 911 immediately — a hit-and-run is a crime in Illinois, and the police report is critical for both the criminal investigation and your insurance claim.
- Illinois has a two-year statute of limitations for personal injury claims (735 ILCS 5/13-202), and your uninsured motorist policy may have its own shorter deadlines for reporting; claims involving government vehicles face a one-year deadline.
- Under Illinois's comparative negligence rule (735 ILCS 5/2-1116), you can still recover compensation even if you were partially at fault, as long as your fault does not exceed 50% — and the driver's flight is strong evidence of their fault.
- Leaving the scene of an accident involving injury is a Class 4 felony under 625 ILCS 5/11-401 (1-3 years in prison), and Chicago's extensive camera network — including red-light, speed, and surveillance cameras — helps identify fleeing drivers after the fact.
- File a claim under your own uninsured motorist (UM) coverage, which Illinois requires insurers to offer under 215 ILCS 5/143a — but be cautious about giving detailed recorded statements even to your own insurer without consulting an attorney first.
- Most hit-and-run attorneys work on contingency with free consultations and can maximize your recovery whether the driver is identified or not, navigating both UM claims and direct claims if the driver is found.
Call 911 and get medical attention
Your safety comes first. A hit-and-run is a crime in Illinois, and calling 911 ensures both a police response and medical assistance. The police report is critical for both the criminal investigation and your insurance claim.
See a doctor within 24 to 48 hours even if you feel fine at the scene. Adrenaline and shock can mask the severity of your injuries for hours or longer.
Try to gather as much information as possible
Write down everything you can remember about the vehicle: color, make, model, size, any partial license plate numbers, the direction the driver fled, and the exact time and location. Note any distinguishing features like bumper stickers, damage, or aftermarket modifications.
Ask bystanders if they saw the vehicle or got any details. Look for nearby business security cameras — gas stations, stores, banks, and apartment buildings often have exterior cameras. Do not chase the fleeing driver.
File a police report immediately
Filing a police report triggers a criminal investigation and creates the official record you need for your insurance claim. File at a CPD district station, or if the crash occurred on an expressway, contact the Illinois State Police. Get your RD number and obtain your report through the eCrash portal.
Leaving the scene of an accident involving injury is a Class 4 felony under 625 ILCS 5/11-401, carrying 1 to 3 years in prison. If the crash results in death, it is a Class 2 felony carrying 3 to 14 years.
File a claim under your uninsured motorist coverage
This is the most important step if the driver who hit you has not been identified. Your own auto insurance’s uninsured motorist (UM) coverage applies when the at-fault driver is unknown. Illinois requires insurers to offer UM coverage under 215 ILCS 5/143a.
UM coverage can pay for medical expenses, lost wages, and pain and suffering up to your policy limits. Contact your own insurance company to start the claim, but be cautious about giving a detailed recorded statement without first consulting an attorney — even your own insurer has an incentive to minimize payouts.
If the driver is found, pursue their insurance directly
Police may identify the driver through witness tips, camera footage, or partial plate matches. When the driver is found, fleeing the scene is powerful evidence of fault and may support a claim for punitive damages.
Chicago has one of the most extensive camera networks in the country, including traffic cameras, red-light cameras, police surveillance cameras, and private security cameras. Many hit-and-run drivers are identified days or weeks after the crash.
Know Illinois’s hit-and-run laws
Under 625 ILCS 5/11-401 and 11-402, drivers involved in an accident must stop, provide their information, and render reasonable assistance. Violating these duties when injuries are involved is a Class 4 felony. When a death results, it is a Class 2 felony.
Criminal charges against the driver are separate from your civil claim for compensation. The driver can face both criminal prosecution and a civil lawsuit.
File within the statute of limitations
Illinois has a 2-year statute of limitations for personal injury claims (735 ILCS 5/13-202). Your UM claim may also have its own policy-specific deadlines for reporting and filing.
If a government vehicle was involved in the hit-and-run, you face a shorter deadline of 1 year plus formal notice requirements.
Talk to an attorney experienced in hit-and-run cases
Hit-and-run cases involve unique complexities: navigating UM coverage with your own insurer, cooperating with the police investigation, and potentially pursuing both a UM claim and a direct claim against the driver if they are found.
Most hit-and-run attorneys work on contingency and offer free consultations. An experienced attorney can maximize your recovery whether the driver is identified or not.