# Illinois car accident law: deadlines, fault and your claim > Illinois car accident claims: the 2-year injury deadline, the 51% fault bar, the 1-year limit to sue local governments, insurance and crash reports. Canonical page: https://accidentclaimfacts.com/location/illinois/ Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team General information, not legal advice. Talk to a licensed attorney in your state. ## Quick answer In Illinois you generally have 2 years from the crash to file a lawsuit for injuries and 5 years for vehicle damage. Illinois uses modified comparative fault: your damages are reduced by your share of fault, and you recover nothing if you were more than 50% responsible. The deadline that catches people out is the government one: a lawsuit against a city, county or other local public body generally must be filed within 1 year. ## Key facts | Fact | Detail | Note | |---|---|---| | Injury lawsuit deadline | 2 years | 735 ILCS 5/13-202 | | Vehicle damage deadline | 5 years | 735 ILCS 5/13-205 | | Wrongful death deadline | 2 years | From the date of death | | Fault rule | Modified comparative: barred above 50% | 735 ILCS 5/2-1116 | | Lawsuit against a local government | 1 year | Tort Immunity Act | | Minimum liability insurance | $25,000 / $50,000 / $20,000 | Per person / per crash / property | | Fault system | At-fault | PIP: Not required | | Traffic deaths in Illinois, 2024 | 1,177 | IIHS | | State bar referral line | (217) 525-5297 | Illinois State Bar Association | ## Filing deadlines in Illinois The Illinois Code of Civil Procedure sets the statute of limitations for most crash claims. The clock usually starts on the day of the crash, or for wrongful death, on the date of death. | Claim | Deadline | Law | |---|---|---| | Personal injury | 2 years | 735 ILCS 5/13-202 | | Damage to your vehicle or other property | 5 years | 735 ILCS 5/13-205 | | Wrongful death | 2 years from the date of death | 740 ILCS 180/2 | | Lawsuit against a city, county or other local public body | 1 year | 745 ILCS 10/8-101 | | Claim against the State of Illinois | 2 years, in the Court of Claims | 705 ILCS 505/22 | **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 tolling. **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 immunity, 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. > **Warning:** Insurance talks do not pause any of these deadlines. With a one-year limit for local governments, a claim can be lost while an adjuster is still reviewing it. ## 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. > **Example:** On a two-lane road outside Peoria, a driver crosses the center line and hits you while you are looking at your phone. A jury finds the other driver 75% at fault and you 25%. Your proven damages are reduced by 25%. If the jury had put your share at 51%, you would recover nothing. Try other shares of fault in the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=il&fault=20#fault), or look up deadlines in other states with the [deadline lookup tool](https://accidentclaimfacts.com/tools/). ## 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 coverage.** 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](https://accidentclaimfacts.com/accidents/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](https://accidentclaimfacts.com/claim-process/police-report/). ## 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](https://accidentclaimfacts.com/location/chicago/). ## Finding a lawyer in Illinois The Illinois State Bar Association runs Illinois Lawyer Finder, a lawyer referral service. 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](https://www.iardc.org/Lawyer/Search), which shows whether a lawyer is authorized to practice in Illinois and any public discipline. See [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) for questions to ask. ## FAQ ### What is the statute of limitations for a car accident in Illinois? Generally 2 years from the crash for injuries, 5 years for vehicle damage and 2 years from the date of death for wrongful death. A lawsuit against a local government or its employee generally must be filed within 1 year. ### Is Illinois a no-fault state? No. Illinois is an at-fault state, so you claim against the driver who caused the crash. Every policy must include uninsured motorist coverage, and PIP is not required. ### Can I recover if I was partly at fault in Illinois? Yes, if your share of fault is 50% or less. Your damages are reduced by your percentage. At 51% or more, you recover nothing. ### Do I have to report a car accident in Illinois? Yes, if it caused an injury, a death or more than $1,500 of property damage ($500 if a driver was uninsured) and no officer came. Notify the police right away and file a report within 10 days. ### How do I sue the State of Illinois after a crash? Claims against the State go to the Illinois Court of Claims, generally within 2 years. Written notice to the Attorney General and the Court's clerk is due within 1 year of the injury, unless the claim itself is filed within that year. ### Does not wearing a seat belt hurt my claim in Illinois? By statute, failing to wear a seat belt is not evidence of negligence and does not reduce your recovery for damages. ## Sources - [Illinois State Police, Crash Reports](https://isp.illinois.gov/CrashReports) — online and mail requests for crash reports - [Illinois State Bar Association, Phone Referral Service](https://www.isba.org/public/phonereferral) — how the phone referral works - [Illinois General Assembly, 735 ILCS 5/13-202](https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050k13-202.htm), checked October 29, 2026 - [Illinois General Assembly, 735 ILCS 5/13-205 (text via courtrules.net)](https://www.courtrules.net/illinois/illinois-code-civil-procedure/rule-13-205), checked October 29, 2026 - [Illinois General Assembly, 745 ILCS 10/8-101(a) (Local Governmental and Governmental Employees Tort Immunity Act)](https://www.ilga.gov/Documents/legislation/ilcs/documents/074500100K8-101.htm), checked October 29, 2026 - [Illinois General Assembly, Wrongful Death Act, 740 ILCS 180/2](https://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059), checked October 29, 2026 - [Illinois General Assembly, 735 ILCS 5/2-1116](https://ilga.gov/Documents/legislation/ilcs/documents/073500050K2-1116.htm), checked October 29, 2026 - [Illinois General Assembly, 705 ILCS 505/22(h) (Court of Claims Act)](https://www.ilga.gov/Documents/legislation/ilcs/documents/070505050K22.htm), checked October 29, 2026 - [Illinois General Assembly, 735 ILCS 5/13-211](https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K13-211.htm), checked October 29, 2026 - [Illinois General Assembly, 705 ILCS 505/22-1 (Court of Claims Act)](https://www.ilga.gov/Documents/legislation/ilcs/documents/070505050K22-1.htm), checked October 29, 2026 - [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026 - [Illinois General Assembly, 625 ILCS 5/11-407](https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K11-407.htm), checked October 29, 2026 - [Illinois State Police, Obtain a Crash Report Online](https://isp.illinois.gov/CrashReports/Online), checked October 29, 2026 - [Illinois State Police, Obtain a Crash Report by Mail](https://isp.illinois.gov/CrashReports/Mail), checked October 29, 2026 - [Illinois General Assembly, 735 ILCS 5/2-1117](https://www.ilga.gov/Documents/legislation/ilcs/documents/073500050K2-1117.htm), checked October 29, 2026 - [Illinois General Assembly, 625 ILCS 5/12-603.1(c)](https://www.ilga.gov/Documents/legislation/ilcs/documents/062500050K12-603.1.htm), checked October 29, 2026 - [Illinois General Assembly, 705 ILCS 505/8(d) (Court of Claims Act)](https://www.ilga.gov/Documents/legislation/ilcs/documents/070505050K8.htm), checked October 29, 2026 - [Illinois State Bar Association, Illinois Lawyer Finder](https://www.isba.org/public/illinoislawyerfinder), checked October 29, 2026 - [Chicago Bar Association, Lawyer Referral Service](https://www.chicagobar.org/CBA/Legal_Help_for_the_Public/Lawyer_Referral_Service.aspx), checked October 29, 2026 - [Illinois Department of Insurance, Auto Insurance Shopping Guide](https://idoi.illinois.gov/consumers/consumerinsurance/auto-insurance-shopping-guide.html), checked October 28, 2026 - [Alabama Department of Insurance, State Auto Insurance Laws](https://www.aldoi.gov/Consumers/StateAutoLaws.aspx), checked October 28, 2026 - [Illinois Department of Insurance, Contact Us](https://idoi.illinois.gov/aboutus/contactus.html), checked October 28, 2026 - [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026