Illinois Accident Law Snapshot

Illinois Car Accident Claims

Legal Options After a Car Accident in Illinois In Illinois, accident victims may file a claim with the at-fault driver's insurance company or pursue a personal injury lawsuit in civil court. Illinois follows modified comparative fault with a 51% bar under 735 ILCS 5/2-1116 - you can recover reduced damages as long as you are not more than 50% responsible for the accident; at exactly 50% you can still recover, but at 51% or more recovery is barred. Compensation may include medical bills, lost wages, vehicle repair costs, and pain and suffering. Illinois law generally provides a two-year statute of limitations for personal injury claims. Acting quickly is critical to preserve evidence and strengthen your case.

Quick Facts

Statute: 2 years.
Fault Rule: Modified comparative negligence (51% bar - 735 ILCS 5/2-1116).
Minimum Coverage: $25,000 bodily injury per person / $50,000 per accident / $20,000 property damage.

Illinois Law

Key Facts for Illinois Accident Claims

Statute of Limitations

2 years.

Personal injury claims

Fault System

Modified comparative negligence (51% bar - 735 ILCS 5/2-1116).

Comparative fault rules

Min. Liability Coverage

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

State minimums

Uninsured Motorist

Must be offered unless rejected in writing.

Coverage status

Statute of Limitations in Illinois

In Illinois, the statute of limitations requires that personal injury lawsuits be filed within two years of the accident. Filing late generally prevents recovery. Acting promptly ensures that evidence such as police reports, witness statements, and medical records remain reliable. Filing early also improves negotiation options with insurers and increases the likelihood of obtaining full compensation.

Don't Wait: Evidence can disappear and memories fade. Contact an attorney as soon as possible after your accident.

Illinois's Fault System

Illinois follows modified comparative negligence with a 51% bar under 735 ILCS 5/2-1116. You can recover reduced damages as long as you are not more than 50% at fault; a plaintiff found exactly 50% at fault can still recover with damages reduced by that share, but at 51% or more recovery is barred entirely. Proper documentation, witness accounts, and medical records are crucial to ensure fair assignment of fault and maximize recovery.

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Insurance Requirements

Illinois drivers must carry minimum liability insurance of 25/50/20. This includes $25,000 per person for bodily injury, $50,000 per accident, and $20,000 for property damage. Liability insurance pays for injuries and property damage caused to others. Insurers must also offer uninsured motorist coverage unless rejected in writing. UM coverage protects you financially if the at-fault driver does not have adequate insurance.

Crash Data for Illinois

Of the 122 people killed in Illinois large-truck crashes in 2024, 102 (83.6%) were not in the truck, a pattern that consistently places other road users at greatest risk in semi-truck collisions (Cash4Crashes analysis of NHTSA FARS 2024).

In Illinois, 175 of 218 pedestrian crash fatalities in 2024 (80.3%) took place where no marked crosswalk existed - a figure that points to how much pedestrian exposure falls outside protected crossing zones (Cash4Crashes analysis of NHTSA FARS 2024).

Related research: Truck crash victims study · Pedestrian crossings study.

Accident Attorneys by City

We have attorneys available throughout Illinois. Select your city for localized help:

Chicago

Author

Cash4Crashes Editorial Team

Legal Review

Cash4Crashes Legal Review Team

Last Updated

2026-08-04

Sources

Free IL Case Review

Illinois FAQ

Frequently Asked Questions

Illinois gives you two years from the accident date to file a personal injury lawsuit. That clock runs regardless of whether you're still receiving medical treatment or negotiating with an insurance adjuster, so an open claim doesn't pause it. Because Illinois' fault rule can eliminate your recovery entirely past a certain point, documenting the crash early, police report, medical records, witness contact info, gives you a stronger position long before that two-year deadline becomes a pressure point.

Illinois follows modified comparative negligence with a 51% bar under 735 ILCS 5/2-1116 - you can recover damages as long as you are not more than 50% responsible. Your compensation is reduced by your own percentage of fault, so 35% fault means a 65% recovery, and exactly 50% fault still allows recovery with damages reduced by half. At 51% or more, Illinois law bars recovery entirely. Because insurers know this threshold determines their exposure, they often push hard on fault percentage in negotiations.

Illinois requires drivers to carry at least $25,000 per person and $50,000 per accident for bodily injury, plus $20,000 for property damage, written as 25/50/20. This coverage compensates people the at-fault driver injures or whose property they damage, not the at-fault driver's own losses. Because these figures are legal minimums, a serious crash involving significant medical treatment or vehicle damage can exceed them, shifting attention to what other coverage is available.

Illinois insurers must offer uninsured motorist coverage on every auto policy, though a driver can reject it in writing. If no written rejection exists, the coverage applies. It matters because it pays out when the at-fault driver carries no insurance or insufficient limits to cover your injuries. With Illinois' liability minimums capped at $50,000 per accident, UM coverage is often what closes the gap after a serious multi-party crash.

Get Help from a Illinois Attorney

Our Illinois accident attorneys are ready to fight for the compensation you deserve. Free case review, no fee unless you win.

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