Car Accidents

Illinois Car Accident Laws: What You Need to Know (2026)

Q: How long do I have to sue after a car accident in Illinois?

You have 2 years from the date of the accident to file a personal injury lawsuit. Property damage claims have a 5-year limit.

Q: What if the other driver is uninsured?

You may be able to recover through your own uninsured motorist (UM) coverage if you have it. Illinois requires insurers to offer UM coverage, but purchasing it is optional.

January 18, 2026

9 min read

By Christopher Gutierrez, Esq.

Quick Answer

Illinois is an at-fault state with modified comparative negligence. You can recover damages if you are 50% or less at fault for the accident. You have 2 years from the date of the accident to file a personal injury lawsuit (735 ILCS 5/13-202). Illinois requires minimum liability insurance of $25,000/$50,000/$20,000.

Last Updated: January 2026

Key Takeaways

Illinois is an at-fault state—the negligent driver's insurance pays
Modified comparative negligence: recover only if 50% or less at fault
2-year statute of limitations for personal injury claims
Minimum insurance: $25,000/$50,000/$20,000
Illinois has no cap on compensatory damages in personal injury cases

Illinois Is an At-Fault (Tort) State

Illinois follows an at-fault system for car accident claims. This means the driver who caused the accident is financially responsible for the other party's damages. You have three options to pursue compensation:

File a claim with the at-fault driver's insurance company (most common)
File a claim with your own insurance (they may seek reimbursement from the at-fault driver)
File a lawsuit directly against the at-fault driver

This differs from "no-fault" states (like Michigan or Florida) where your own insurance pays regardless of who caused the accident.

Modified Comparative Negligence (51% Bar Rule)

Illinois follows modified comparative negligence under 735 ILCS 5/2-1116. Here is how it works:

You can recover damages if you are 50% or less at fault
If you are 51% or more at fault, you recover nothing
Your compensation is reduced by your percentage of fault

Example: You have $100,000 in damages. The jury finds you 30% at fault. Your recovery: $100,000 × 70% = $70,000 But if you were 51% at fault: $0 This is why insurance companies aggressively try to blame you for the accident. Even a small shift in fault percentage can significantly affect your settlement.

Illinois Statute of Limitations

Under 735 ILCS 5/13-202, you have exactly 2 years from the date of your accident to file a personal injury lawsuit. Key deadlines in Illinois:

Personal injury claims: 2 years from accident date
Property damage claims: 5 years from accident date
Wrongful death claims: 2 years from date of death
Claims against government entities: Notice required within 1 year

Warning: Missing the deadline means losing your right to sue, no matter how strong your case. Courts rarely grant exceptions.

Illinois Minimum Insurance Requirements

Illinois law (625 ILCS 5/7-601) requires all drivers to carry minimum liability insurance:

$25,000 bodily injury per person
$50,000 bodily injury per accident
$20,000 property damage

These are minimum requirements. Many accidents—especially those involving serious injuries—result in damages far exceeding these limits. Recommendation: Carry higher limits and add uninsured/underinsured motorist (UM/UIM) coverage. This protects you if the at-fault driver has no insurance or insufficient coverage.

Required Steps After an Illinois Car Accident

Illinois law requires specific actions after an accident:

Stop immediately and remain at the scene (leaving is a crime)
Exchange information with all drivers involved
Report the accident to police if there is injury or $1,500+ in damage
Render reasonable assistance to injured persons
File an SR-1 form within 10 days if required

Important: Leaving the scene of an accident with injuries is a Class 4 felony in Illinois.

Damages You Can Recover in Illinois

Illinois allows compensation for both economic and non-economic damages:

Economic Damages (Actual Financial Losses)

Medical expenses (past and future)
Lost wages and income
Loss of earning capacity
Property damage (vehicle repair or replacement)
Out-of-pocket expenses (rental cars, medical equipment, etc.)

Non-Economic Damages

Pain and suffering
Emotional distress
Loss of enjoyment of life
Disfigurement and scarring
Loss of consortium (impact on your spouse)

Good news: Illinois has no cap on compensatory damages in personal injury cases. Your recovery is limited only by your actual losses and the available insurance coverage.

Chicago-Specific Considerations

The Chicago area has unique factors affecting car accident cases:

High traffic density: More accidents on I-90, I-94, Lake Shore Drive, and the Eisenhower
More witnesses: Urban accidents often have multiple witnesses
Camera coverage: Many intersections have red-light and traffic cameras
CTA accidents: Crashes involving buses may involve the Chicago Transit Authority
Uninsured drivers: Cook County has a higher-than-average uninsured driver rate

Cases in Cook County are typically filed in the Circuit Court of Cook County, which has specialized divisions for personal injury litigation.

Common Mistakes That Hurt Your Illinois Claim

Avoid these errors that can reduce or destroy your claim:

Admitting fault at the scene (even saying 'I'm sorry')
Delaying medical treatment (insurers argue your injuries are not serious)
Not calling the police (no official accident report)
Giving a recorded statement to the other driver's insurance without consulting an attorney
Posting about the accident on social media
Accepting the first settlement offer (almost always too low)
Signing a broad medical release (gives insurers access to your entire medical history)

Get a Free Consultation

If you were injured in a car accident in Illinois, I offer free consultations to review your case. I handle cases throughout Illinois, including Chicago, the suburbs, and downstate. No fee unless you win. Call (855) 444-5227 or visit gametimeattorneys.com. Hablo Espanol.

Frequently Asked Questions

Is Illinois a no-fault state for car accidents?

No. Illinois is an at-fault (tort) state. The driver who caused the accident is responsible for paying damages.

How long do I have to sue after a car accident in Illinois?

You have 2 years from the date of the accident to file a personal injury lawsuit. Property damage claims have a 5-year limit.

Can I sue if I was partially at fault?

Yes, but only if you were 50% or less at fault. Under Illinois modified comparative negligence, being 51% or more at fault bars recovery entirely.

What is the minimum car insurance required in Illinois?

$25,000 bodily injury per person, $50,000 per accident, and $20,000 property damage. However, these minimums often do not cover serious accidents.

Does Illinois cap pain and suffering damages?

No. Illinois has no cap on compensatory damages (including pain and suffering) in personal injury cases. Some states do limit these awards, but Illinois does not.

What if the other driver is uninsured?

You may be able to recover through your own uninsured motorist (UM) coverage if you have it. Illinois requires insurers to offer UM coverage, but purchasing it is optional.

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This article provides general information and does not constitute legal advice. Every case is different. Contact an attorney to discuss your specific situation.

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