Car Accident Litigation in Illinois
This page covers car accident litigation as it applies in Illinois — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what car accident litigation protects generally, see the national overview.
Compiled from primary legal sourcesNot legal adviceHow we source this
Quick answer
In Illinois, car accident claims are based on negligence — the idea that a driver who fails to use reasonable care can be held responsible for the harm they cause. Most claims are settled through the at-fault driver's liability insurance, but you can file a lawsuit in civil court if talks stall. Illinois uses a modified comparative fault rule, meaning you can still recover damages even if you share some of the blame, as long as you are found 50 percent or less at fault. Deadlines to file a lawsuit can be as short as two years from the crash date, so it is important to take action quickly.
Laws that govern car accident litigation in Illinois
Illinois state law
- Illinois Code of Civil Procedure — Modified Comparative Fault735 ILCS 5/2-1116
Sets Illinois's modified comparative fault rule, reducing a plaintiff's damages by their percentage of fault and barring recovery entirely when the plaintiff is more than 50 percent at fault.
- Illinois Code of Civil Procedure — Personal Injury Limitation735 ILCS 5/13-202
Establishes the two-year deadline for filing a personal injury lawsuit arising from a car accident or other bodily harm.
- Illinois Vehicle Code — Mandatory Liability Insurance625 ILCS 5/7-601
Requires every owner of a vehicle registered in Illinois to maintain minimum liability insurance coverage while the vehicle is used on public roads.
- Illinois Insurance Code — Uninsured Motorist Coverage215 ILCS 5/143a
Requires automobile liability policies to include uninsured motorist coverage at limits matching the policyholder's bodily injury liability limits, unless the policyholder rejects that coverage in writing.
- Illinois Wrongful Death Act740 ILCS 180/
Authorizes a lawsuit by the personal representative of a person who died because of another party's wrongful act, with any recovery distributed to the surviving spouse and next of kin.
Federal law
- Federal Tort Claims Act
Federal law allowing private parties to sue the United States in federal court for most torts committed by federal employees. Codified at 28 U.S.C. §§ 1346(b), 2671-2680.
Illinois-specific deadlines for car accident litigation cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- Deadline to file a personal injury lawsuit: 2 years
The two-year clock generally starts on the date of the accident. Minors injured in a crash generally have until two years after their 18th birthday to file.
735 ILCS 5/13-202
- Deadline to file a property damage lawsuit: 5 years
When a claim covers only vehicle or property damage and does not involve bodily injury, the longer five-year limit under the general civil limitation statute applies.
735 ILCS 5/13-205
- Deadline to file a wrongful death lawsuit: 2 years
The two-year period runs from the date the victim died, which may be later than the crash date if the person survived briefly. The claim is filed by the personal representative of the deceased's estate.
740 ILCS 180/2
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for car accident litigation in Illinois.
Regulates insurers doing business in Illinois and handles consumer complaints about claims handling, coverage disputes, and unfair practices — contact them if an insurer denies or delays your auto claim improperly.
- Illinois Legal Aid Onlinelegal aid
Provides free plain-language legal information and referrals for low-income Illinois residents, including step-by-step guides on car accident rights, insurance claims, and court procedures.
Free referral service operated by the Illinois State Bar Association that connects the public with licensed Illinois attorneys by location and practice area, including personal injury and car accidents.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Illinois
- 1
Report the crash and get medical attention
Call 911 to create a police report — Illinois law requires one when there is injury or death — and see a doctor even if you feel fine, because some injuries do not appear for days. The police report and medical records become key evidence in any claim.
- 2
Document the scene and exchange information
Photograph vehicle damage, road conditions, skid marks, and any visible injuries at the scene. Collect the other driver's name, license number, insurance policy information, and contact details for any witnesses.
- 3
Notify your own insurance company
Report the crash to your insurer promptly, even when the other driver is at fault. Delaying notice can complicate your claim under the terms of your own policy.
- 4
Understand how fault affects your payout
Under 735 Illinois Compiled Statutes 5/2-1116, your damages are reduced by your own percentage of fault. If you are found more than 50 percent responsible, you receive nothing from the other party.
- 5
Consider speaking with a personal injury attorney
An attorney can evaluate your claim, handle communications with insurers, and file suit if a fair settlement cannot be reached; many personal injury lawyers work on a contingency fee so there is no upfront cost.
- 6
File any lawsuit before the court deadline
You generally have two years from the accident date to sue for personal injuries; miss that window and you almost certainly lose your right to recover in court.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about car accident litigation in Illinois
How long do I have to file a lawsuit after a car accident in Illinois?
For bodily injury, you have two years from the date of the crash to file suit under 735 Illinois Compiled Statutes 5/13-202. For damage only to your vehicle or other property, the deadline is five years under 735 Illinois Compiled Statutes 5/13-205. If someone died in the accident, the family has two years from the date of death to bring a wrongful death claim under 740 Illinois Compiled Statutes 180/2.
What happens if both drivers were partly at fault for the crash?
Illinois follows a modified comparative fault rule under 735 Illinois Compiled Statutes 5/2-1116. Your damages are reduced in proportion to your share of the fault — for example, if you are 20 percent at fault your recovery is reduced by 20 percent. However, if you are found to be more than 50 percent at fault, you recover nothing from the other driver.
What is the minimum car insurance every Illinois driver must carry?
Illinois requires every driver to carry at least $25,000 in bodily injury liability per person injured, $50,000 total per accident, and $20,000 for property damage under 625 Illinois Compiled Statutes 5/7-601. Policies must also include uninsured motorist coverage in the same bodily injury amounts unless the policyholder rejects that coverage in writing under 215 Illinois Compiled Statutes 5/143a.
What if the driver who hit me had no insurance?
Your own policy's uninsured motorist coverage steps in to pay for your injuries when the at-fault driver carries no insurance, and Illinois law requires policies to include that coverage under 215 Illinois Compiled Statutes 5/143a. If you do not have uninsured motorist coverage, your options become much more limited — collecting directly from an uninsured driver can be difficult regardless of a court judgment.
What kinds of damages can I recover after an Illinois car accident?
You can seek compensation for medical expenses (past and future), lost wages, reduced future earning ability, pain and suffering, and vehicle repair or replacement costs. Illinois places no cap on these compensatory damages in car accident cases. Punitive damages meant to punish extreme conduct are rarely awarded and face a higher legal burden.
Do I have to go to trial to resolve my claim?
No — the vast majority of Illinois car accident claims are resolved through settlement negotiations with the insurance company long before a trial. If you file a lawsuit and cannot reach a settlement, the case may proceed to trial in the Illinois circuit court for your county, but trials remain the exception rather than the rule.
Can I still recover if I was a passenger, pedestrian, or bicyclist?
Yes. Passengers, pedestrians, and cyclists injured by a negligent driver may bring a personal injury claim in Illinois on the same legal basis as an injured driver. The same two-year filing deadline under 735 Illinois Compiled Statutes 5/13-202 and the same modified comparative fault rules apply to all categories of injured parties.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.