Illinois car accident law: deadlines, fault and your claim

Filing deadlines in Illinois#

The Illinois Code of Civil Procedure sets 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 for most crash claims. The clock usually starts on the day of the crash, or for wrongful death, on the date of death.

Injured children. Under 735 ILCS 5/13-211, a person injured before age 18 may bring the action within two years after turning 18. This kind of extension is a form of tollingTolling. Pausing the limitations clock, for example while the injured person is a child. Glossary.

Local governments. The Local Governmental and Governmental Employees Tort Immunity Act cuts the deadline to 1 year for lawsuits against a local public entity or its employee, such as the driver of a city or county truck. The same Act gives local governments several kinds 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 they must pay.

The State. Claims against the State itself, for example when a state employee driving a state car causes a crash, are heard by the Illinois Court of Claims, not the regular courts. An injured person must give written notice to the Attorney General and the Clerk of the Court of Claims within one year of the injury, unless the claim itself is filed within that year.

How fault is shared in Illinois#

Under 735 ILCS 5/2-1116, if your own fault was more than 50% of the cause of your injury, you recover nothing. If it was 50% or less, your damages are reduced by your percentage of fault.

Try other shares of fault in the fault-rule explainer, or look up deadlines in other states with the deadline lookup tool.

Insurance in Illinois#

Illinois drivers must carry at least $25,000 per person and $50,000 per crash for injuries, plus $20,000 for property damage. Illinois is an at-fault state, so the driver who caused the crash, through their insurer, pays. Illinois does not require personal injury protection (PIP).

• Uninsured motorist coverageUninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary. Required: $25,000/$50,000. The Insurance Information Institute estimates that 15.2% of Illinois drivers were uninsured in 2023, close to the national figure of 15.4%.
• Underinsured motorist coverage. Required if you buy uninsured motorist limits above the minimum.
• Medical payments coverage. Not required (optional). It pays medical bills up to a set limit, whoever caused the crash.

If an insurer delays or mishandles a claim, the Illinois Department of Insurance takes complaints at 1-866-445-5364 (consumer assistance hotline). See uninsured driver accidents for how those claims work.

After a crash in Illinois#

If no police officer is at the scene of a crash that injures or kills anyone, or damages property by more than $1,500 ($500 if a vehicle was uninsured), 625 ILCS 5/11-407 requires the driver to notify the local police (inside a city) or the nearest county sheriff's office or Illinois State Police headquarters by the fastest available means. The Illinois State Police says a driver whose crash no officer attended must also file a crash report as soon as possible, within 10 days.

To get a copy of a crash report the Illinois State Police took, request it online through the Illinois State Police E-Pay service, which e-mails a redacted copy, or by mail for $5. If a city police department or sheriff's office took the report, ask that agency. Read more about police reports.

Special rules in Illinois#

Who pays when several people share the blame. Under 735 ILCS 5/2-1117, a defendant found less than 25% at fault pays only its own share of most damages. A defendant at 25% or more can be made to pay all of them. Every defendant found liable can be made to pay the injured person's full medical expenses, whatever their share.

Seat belts. Not wearing a seat belt is not evidence of negligence and does not reduce your recovery under 625 ILCS 5/12-603.1(c).

State claims and caps. A Court of Claims tort award is capped at a base of $2,000,000 per claimant, which the court adjusts each year for inflation. The cap does not apply when a state employee was driving a vehicle owned, leased or controlled by the State.

Crashes on Illinois roads#

The Insurance Institute for Highway Safety counted 1,177 crash deaths in Illinois in 2024, or 9.3 per 100,000 people, below the national rate of 11.5 per 100,000 people. Speeding played a part in 36% of those deaths, and 32% happened on rural roads. For crashes on Chicago streets, see the Chicago guide.

Finding a lawyer in Illinois#

The Illinois State Bar Association runs Illinois Lawyer Finder, 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. Its phone referral line, (217) 525-5297, connects you with a lawyer in your area for a 30-minute consultation costing no more than $25. In Cook County and nearby counties, the Chicago Bar Association also runs a referral service at (312) 554-2001.

Before hiring anyone, check the lawyer in the ARDC Lawyer Search, which shows whether a lawyer is authorized to practice in Illinois and any public discipline. See lawyer referral services for questions to ask.