Car accidents in Chicago: deadlines, crash reports and city claims

Deadlines and fault rules in Chicago#

Chicago has no special deadlines for crash claims between drivers. The statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary comes from Illinois law: 2 years from the crash to sue for injuries, 5 years for damage to your car, and 2 years from the date of death for wrongful death. See the Illinois guide for more on state law.

Illinois uses modified comparative faultModified comparative fault. Comparative negligence with a cut-off: once your share of blame reaches the state's bar (50% or 51%), you recover nothing. Glossary: your damages are reduced by your share of the blame, and you recover nothing if your share is more than 50%. Illinois is an at-fault state, so the driver who caused the crash, through their insurer, pays. Every Illinois policy includes uninsured motorist coverage; the Insurance Information Institute estimates that 15.2% of Illinois drivers were uninsured in 2023.

Try other shares of fault in the fault-rule explainer.

Getting a crash report in Chicago#

Who writes the crash reportCrash report. The official report an officer writes after investigating a crash, with the drivers, vehicles, witnesses and the officer's notes. Glossary depends on where the crash happened:

• City streets. The Chicago Police Department takes the report, and a copy costs $6. Reports from before 2016, paper reports and other requests go to CPD's Records Customer Service Section, 3510 South Michigan Avenue, open weekdays 8:00 a.m. to 1:30 p.m.
• Expressways. Freeway crashes in the Chicago area are handled by the Illinois State Police. Order a copy online through ISP's E-Pay service, or by mail for $5.

If no officer came, Illinois still requires each driver to report a crash that caused a death, an injury or more than $1,500 of property damage ($500 if any driver was uninsured), within 10 days. For a city-street crash, you can report it at a Chicago police district station. For a freeway crash, state troopers take reports at five CPD district stations, including the 1st District at 1718 S. State Street. IDOT says drivers no longer need to send it a separate Illinois Motorist Report. Read more about police reports.

Claims against the City of Chicago#

If a city vehicle or a city road defect played a part, the deadline is shorter. Under the Local Governmental and Governmental Employees Tort Immunity Act, a lawsuit against a local public body, such as the City, or its employee generally must be filed within 1 year of the injury. The same Act gives local governments several forms of immunitySovereign immunity. The rule that governments cannot be sued unless a law allows it. Tort claims acts allow some claims, with limits. Glossary, which can limit what the City must pay. The limit is for filing the lawsuit in court, not for reporting the claim.

The City takes claims in two ways:

1. Vehicle or property damage under $2,500. File a paper claim with the Office of the City Clerk, 121 N. LaSalle Street, Room 107. There is no online option; the City Council's Committee on Finance can tell you its status.
2. Injuries, and property damage of $2,500 or more. File with the City's Claims Unit online, by email, mail, fax or in person. Its number is 312-744-5650.

The Claims Unit does not handle claims involving the CTA, the Chicago Park District, the Chicago Board of Education, Cook County or the State of Illinois (IDOT). Those bodies have their own processes, and a lawyer can tell you which deadline applies.

Crashes in Chicago#

The Chicago Department of Transportation counted 130 people killed and 1,896 seriously injured in crashes on Chicago streets in 2024; 45 of those killed were walking. These counts leave out the interstate expressways.

Many Chicagoans do not drive: in Census survey data for 2020-2024, 26.6% of households had no vehicle. People hit while walking or cycling usually claim against the driver's liability insurance, including after a "dooring" crash, when a cyclist hits an opened car door. See pedestrian accidents.

Where a lawsuit is filed#

Chicago crash lawsuits are filed in the Circuit Court of Cook County. Its Law Division, at the Richard J. Daley Center, hears claims over $30,000; smaller claims go to the Civil Division.

Some cases go through the court's mandatory arbitrationArbitration. A private process in which a neutral arbitrator hears both sides and decides the dispute. Unlike a mediator, an arbitrator makes the decision; whether it is binding depends on the agreement or court rules. Glossary program before trial. A neutral arbitrator or panel, made up of practicing lawyers or retired judges, hears the evidence and issues an award. Any party who took part can reject it and go to trial. Downtown hearings are held at 222 N. LaSalle Street. See filing a lawsuit for the steps.

Finding a lawyer in Chicago#

The Chicago Bar Association runs a lawyer referral serviceLawyer referral service. A service, often run by a state or local bar association, that listens to a caller's problem and refers them to a lawyer on its panel who handles that kind of case. Glossary at (312) 554-2001 for Cook County and nearby counties. If you meet the lawyer it refers, the lawyer collects $30 at the first consultation for the service; any further fee is agreed with the lawyer. The CBA also runs a free Call-A-Lawyer phone line, usually on the third Saturday of the month.

Before hiring anyone, look the lawyer up in the ARDC Lawyer Search, which shows whether a lawyer is licensed in Illinois and any public discipline.