If you need the car fixed now, use your own collision coverage. Go through the other driver’s insurer only when liability is obvious, they have accepted it, and you can afford to wait. The trade is simple: collision costs you the deductible up front and moves immediately; a third-party claim costs you nothing but runs at the other carrier’s pace, and they have every reason to be slow while fault is unsettled.
The deductible is usually recoverable afterwards, which is the part people do not realise when they decide.
The two routes side by side
| Your own collision coverage | The other driver’s liability insurer | |
|---|---|---|
| Depends on fault? | No — it pays regardless | Yes — they must accept liability first |
| Out of pocket | Your deductible | Nothing |
| Speed | Days | Weeks, sometimes months |
| Who chooses the shop | You, within your policy terms | You, but they control the estimate |
| Rental car | Only if you carry rental coverage | Should be covered as loss of use |
| Deductible back? | Usually, through subrogation | Not applicable |
| Best when | Fault disputed, you need the car, or the other driver is uninsured | Liability clear and accepted, and you can wait |
How the deductible comes back
This is the mechanism that makes collision the sensible default in most disputed cases. When your insurer pays for your repairs, it acquires your right to recover that money from the at-fault driver’s carrier. That is subrogation. Your deductible rides along with it.
- You pay the deductible and the car gets repaired.
- Your insurer pursues the at-fault carrier for what it paid out, plus your deductible.
- If it recovers in full, you get the deductible back.
- If the two carriers settle on shared fault — say 70/30 — you typically get that proportion of the deductible back, not all of it.
So the real cost of choosing collision is not the deductible. It is the time value of the deductible, and the risk that a shared-fault outcome returns only part of it. Against a repair that starts this week rather than next month, that is usually a trade worth making.
One thing to check on your own policy: a not-at-fault collision claim should not raise your premium, but practices vary between carriers and it is a fair question to ask your agent before you file.
Illinois puts deadlines on the insurer, and almost nobody uses them
Property damage claims stall because nothing appears to force them along. Something does. Illinois regulates claim handling under 50 Ill. Adm. Code 919, and the requirements are specific:
- 15 working days to acknowledge a pertinent communication from a claimant or insured
- 21 working days for a bona fide effort to communicate with claimants where liability is reasonably clear, as part of prompt investigation
- 30 days to offer payment after liability has been affirmed, where the amount is determined and not in dispute
- 45 days — if the insurer still cannot reach a determination, it owes you a written explanation for the delay
- A denial has to set out the policy provision it rests on, and must be accompanied by the Notice of Availability of the Department of Insurance
That last item is the lever. An adjuster who has gone quiet responds differently to a written request that cites Part 919 and asks for the delay explanation the regulation requires. If it still does not move, a complaint to the Illinois Department of Insurance costs nothing and is logged against the carrier. See how insurers handle Chicago crash claims.
When collision is clearly the right call
- Fault is genuinely disputed — an intersection case with no independent witness can take months to resolve, and your car sits meanwhile.
- The other driver was uninsured or fled. Then it is collision, or your uninsured motorist property damage coverage if you carry it. See UM and UIM claims.
- Multiple vehicles. A pileup on the Kennedy or the Dan Ryan can take a long time to apportion; nobody pays quickly while three carriers argue.
- A government vehicle was involved. Claims against the City, the CTA or a county move through municipal counsel and are slow — and carry a one-year deadline to file suit under 745 ILCS 10/8-101, not two.
Keep property damage separate from the injury claim
This matters more than the money involved. Settling the damage to your car does not settle your injury claim — but only if the paperwork says so.
Read what you sign. A property damage release should release property damage and nothing else. If the document uses broad language about “all claims arising from the accident,” do not sign it until someone has read it properly. People have signed away injury claims for the value of a bumper. See whether a release can be undone.
The deadlines are different for the car and for you
| Claim | Deadline to file suit | Authority |
|---|---|---|
| Damage to your vehicle | Five years | 735 ILCS 5/13-205 |
| Your personal injuries | Two years | 735 ILCS 5/13-202 |
| Anything against a city, county or the CTA | One year | 745 ILCS 10/8-101 |
The five-year property window surprises people, and it is a reason not to accept a poor total-loss valuation under time pressure that does not actually exist. The two-year injury deadline is the one to watch. See the Illinois property damage guide.
Frequently Asked Questions
Will using my own collision coverage raise my premium?
A not-at-fault claim generally should not, but carriers differ in how they treat claim frequency. Ask your agent directly before you file, and ask specifically about a not-at-fault collision claim rather than claims in general.
Do I get my deductible back?
Usually, through subrogation — your insurer recovers what it paid from the at-fault carrier and returns your deductible. If the carriers settle on shared fault, you typically get back that proportion rather than the whole amount.
How long does the other driver’s insurer have to respond?
Under 50 Ill. Adm. Code 919 they must acknowledge a pertinent communication within 15 working days, and if they cannot reach a determination within 45 days they owe you a written explanation for the delay. Once liability is affirmed and the amount is not in dispute, payment should be offered within 30 days.
Can I use collision coverage and still claim for my injuries?
Yes. They are separate claims. Just make sure any release you sign for the vehicle is limited to property damage and does not use broad language covering all claims from the accident.
What if the other driver had no insurance?
Collision coverage still pays for your car. Illinois also requires uninsured motorist coverage on auto policies, and some policies include uninsured motorist property damage. Your injuries would go through the uninsured motorist side of your own policy.
Related guides on dealing with the insurance company
- Start here: Dealing with Insurance Companies After a Chicago Car Accident: Tactics to Watch
- Illinois Car Insurance Pricing: What Factors Are Legal, What Is Limited, and How It Can Affect Your Claim (Chicago)
- Letting a Friend Drive My Car in Illinois: Insurance, Permission, and Claim Steps (Chicago)
- Passenger Rights After a Chicago Car Accident: Insurance + Claim Options
- Rental Car Accident Liability in Illinois: Who Pays?
Talk to a Chicago car accident lawyer. Phillips Law Offices offers a free case review, and there is no fee unless we recover for you. Call (312) 346-4262 or request a free case review.
This article is general information about Illinois law, not legal advice, and reading it does not create an attorney-client relationship. Illinois law changes; confirm anything you intend to rely on with a licensed Illinois attorney.