Did you know that 303,913 motor vehicle accidents in the state of Illinois in 2024? And sadly, at least 1 in 5 of those car crashes left at least one person with injuries afterwards (20.8%). Reading this makes me cringe, remembering my own worst car accident injury. When I was 21, I hopped in the car with my boyfriend to go get ice cream to celebrate finishing college finals. But 10 minutes later, a guy swerved into oncoming traffic and hit us head on, injuring us both. If you, like me, get hurt in a crash that you didn’t cause, it really helps to know what Illinois car accident laws can affect your claim.
We’ve rounded up everything you need to know regarding Illinois car accident laws and how they may affect you below. You’ll also learn when and if you need a lawyer, how to protect your legal rights, and why attorney representation is often the best way to maximize your insurance payout.
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How State Laws Impact Illinois Auto Accident Claims: Key Takeaways
- Illinois follows an at-fault system. “At fault” means the driver who caused your crash is legally responsible for your medical bills, lost wages, and vehicle damage — but you only get paid if you can prove it.
- Since Illinois uses modified comparative negligence laws, any share of blame the police assign to you for causing the accident can reduce or even wipe out your settlement offer. This makes experienced legal guidance important if there’s a chance to reduce your portion of fault.
- Strict deadlines called the “statute of limitations” mean that for car accident claims in IL, you generally have about two years from your injury date to file.
- Available compensation is broader than most people realize and can cover both economic losses (like medical bills and car repairs) and non-economic ones, which can include things like pain and suffering or emotional distress. That second loss category is how most attorneys get you a larger settlement offer than insurers normally pay out.
- Insurance policies and minimum coverage limits may not fully cover your accident costs. This is especially true if the at-fault driver is uninsured or underinsured, which is where a lawyer can help you pursue all potential sources of compensation.
- A local Illinois auto accident lawyer can gather evidence, handle negotiations, and file documents for you without charging anything up front. People with representation typically recover significantly higher payouts (averaging $674,000 from 2014-2023) vs. $28,278 in 2024 for individuals who dealt directly with insurers, on average.
What to Do After a Car Accident in Illinois
First, Illinois car accident laws recommend you turn your vehicle off and call 911 immediately. Next, check to see if everyone is okay, conscious, and able to speak. If no one seems seriously injured, it’s time to exchange your contact information with any other involved driver(s).
IMPORTANT: Always get the other driver’s name, current address, vehicle registration number, driver’s license, and insurance. This is the most critical step, even if you don't have visible car damage or any physical injuries to report.
Steps to Protect Yourself if You Believe Another Driver Is Responsible for Your Car Accident
Since the person who caused the accident is responsible for paying any victim’s bills, you must be very careful what you say and do after a wreck. Follow these tips if you’re fairly certain another driver is to blame for causing the accident:
- Never apologize or admit fault. Even saying something like “I’m sorry I didn’t see you coming” is a bad idea. Insurance companies can take your words on the scene as an admission of guilt for accident liability purposes.
- Be sure to get names, contact info, and photos of any witnesses who saw what happened. That way, even if the police don’t show up, it’s still more evidence than just your word against another driver’s.
- Document the scene of your accident while it’s still fresh. Take photos and videos showing the area, lighting, street conditions, and write down what the weather and visibility was like at the time.
- Don’t let the other driver leave without calling to confirm their insurance information is accurate first. Unfortunately, some drivers do give false policy information or carry fake insurance cards to show in case of an accident.
How to Report an Illinois Car Accident
According to 625 ILCS 5/11-407, you must report a car accident in Illinois unless it causes no visible damage to anyone’s vehicle. To report it, call 911 or dial the non-emergency police number for your area.
When everyone in a crash has car insurance, you must report any vehicle or property damage you think is worth at least $1,500. If any driver’s uninsured, then that property damage threshold drops to anything that’s at least $500. And of course, if anyone is hurt or killed in the traffic collision, state law requires you to report it.
In general, any responding officer can give you a traffic collision report form upon arrival. You can also request a copy of this form at any nearby police station. Next, file the form online or by mail within 10 days of your accident. According to Illinois car accident laws, local authorities can suspend your driver’s license if you fail to take this step.
Is Illinois a No-Fault State?
Illinois is an at-fault state, according to 735 ILCS 5/2-1116. This means that the person who caused the car accident is liable for all resulting injuries, vehicle damage, and other related costs.
Illinois car accident victims must prove someone else is at-fault for the crash to receive any settlement money from insurance. Always take pictures and write down what you remember at the scene of your accident.
What if I’m Not Sure Whose Fault It Is?
If there’s a chance you may be at least partly at fault for the accident, consult an auto accident attorney immediately. They understand how to minimize your share of fault and increase any settlement money you may deserve.
IMPORTANT: In Illinois, it is illegal to text and drive. New drivers are also forbidden by law to talk on their phones while behind the wheel.
What Illinois Car Accident Laws Say About Comparative Negligence
Illinois is a modified comparative negligence state, according to the text listed in 735 ILCS 5/2-1116. Modified comparative fault can limit your pay amount based on the percentage of fault the police or insurers assign to you. In some cases, it could stop you from getting any money at all for your injuries. It all depends on what percentage of fault for your accident you’re responsible for under the law. To get any compensation for car accident injuries or vehicle damage, another driver must be at least 50% responsible for the wreck.
Here’s how comparative negligence could also reduce your cash settlement award:
- Your insurer estimates your initial claim’s value at $100,000 because you went to the hospital with a broken leg.
- However, witnesses at the scene say you were over the crosswalk lines at the intersection where a speeding driver struck you.
- Because you can’t prove what the witnesses said is false, you’re found 20% liable for the wreck.
- Insurance reduces your payout to $80,000, and you have to cover the remaining $20,000 in medical bills yourself.
You’ve probably heard before that insurance claims adjusters may use dirty tricks to lowball your payout offer. Here are some common tactics:
- Taking the maximum amount of time possible to investigate your claim so you feel pressured to accept the first offer.
- Coax you into saying something during a recorded phone statement that can serve as an admission of guilt or fault when taken out of context.
- Screenshotting your social media posts or cherry-picking evidence that makes it seem like you’re exaggerating your injuries.
- Fabricating statements or evidence that you have no way to contradict without going through costly legal channels.
These are just a few examples that you won’t have to worry about if an attorney handles your claim.
Illinois Minimum Car Insurance Requirements
All Illinois drivers must have car insurance and carry proof of coverage inside their vehicles. Below is the minimum liability policy you must carry under Illinois insurance law:
| Car Insurance Policy Type | Coverage Amount | What It Pays For After Your Accident |
|---|---|---|
| Bodily injury liability | $25,000 per injured person, or $50,000 per auto accident | doctor’s bills, physical therapy, surgery, lost work paychecks, childcare costs, prescriptions |
| Property damage liability | $20,000 per accident | rental car, tow truck, car repair costs, replacing damaged or destroyed items inside your vehicle |
| Uninsured or underinsured motorist coverage (UI/UIM) | $25,000 per person, or $50,000 per accident | Any medical expenses that go above the at-fault driver’s policy coverage limits, or in the event that the other driver has no car insurance |
Additional Insurance Policy Coverage Available in Illinois
Liability insurance covers another person’s medical bills and vehicle damage when you’re responsible for the crash. So, you might want to consider these extra types of car insurance coverage in order to better protect yourself:
- Collision coverage that pays for your own vehicle damage. This can be particularly helpful after a single-car accident due to weather, for example.
- Personal injury protection (PIP), which can cover your own medical bills after an injury wreck.
- Comprehensive coverage that pays for auto damage resulting from acts of theft or vandalism.
- Uninsured or underinsured motorist coverage that pays for property damage and medical expenses when an at-fault party has no insurance.
Potential Defendants
In addition to the at-fault driver in an Illinois car accident case, there may be other possible people to blame for your wreck. For example: If the driver was running an errand for someone else, then that person may be partially liable. If the driver was working when the accident occurred (like for Uber), then you may also be able to go after their employer. Finally, if someone loans their car to the at-fault driver, the lender might share liability for your accident. That only applies if the lender knew the at-fault driver might use the borrowed vehicle in a risky manner.
Illinois Car Accident Statute of Limitations
From the date of the accident, you have two years to file an auto accident claim for compensation. However, you can still file a claim for property damage only up to five years after the accident date. For wrongful death claims, the statute of limitations is two years from the date listed on the victim’s death certificate.
Damages Available for Illinois Car Crash Victims
Economic damages: Illinois doesn’t put a dollar amount limit on compensatory damages. (A compensatory damage is basically anything you can provide a receipt for, like towing services.) This is because a court ruled the state’s previous caps were unconstitutional. Examples of economic damages available under Illinois car accident laws include:
- Medical bills and related costs
- Car repair or replacement expenses
- Rental vehicle
- Lost wages from missing your work paychecks
Non-economic damages include payments for things like loss of affection or companionship and wrongful death. They are losses you may suffer from a car accident that may happen in the future, or at least don’t come with a receipt. Auto accident victims may not realize they qualify for a higher payout until after a lawyer explains their non-economic damage compensation options.
Additional examples of non-economic damages you can receive money for are as follows:
- Pain and suffering
- Loss of consortium
- Loss of reputation
- Emotional distress
- Mental anguish
- Disability
Punitive damages (i.e., damages awarded to punish a defendant) can also significantly raise your cash payout amount. However, you’ll only get money for this if the accident resulted from another driver’s intentional or grossly negligent behavior. Drunk driving is an example where you might receive punitive damages in your settlement check.
When Do I Need an IL Car Accident Lawyer vs. Settling Directly with Insurance?
| If You… | Need an Attorney? |
|---|---|
| Are seriously injured | Yes |
| Have car damage only | No |
| Miss a week or more of work after your accident | Yes |
| Are an uninjured passenger riding inside a car that you don’t own | No |
| Don’t have money to see a doctor, but are in pain afterwards | Yes |
You might think you can’t afford a good lawyer, but in reality, all auto accident attorneys give free, no-obligation consultations. This gives them a chance to review your situation and estimate your claim’s value before fielding any settlement offers.
It’s Easy to Get a Fast, Free Consultation from an Illinois Auto Accident Lawyer via LegalASAP
Illinois car accident laws are hard to understand and navigate without a legal expert to guide you. An auto accident lawyer can help you understand the complex legal process and give you a realistic timeline for receiving payment. Most people get at least 300% more money with attorney representation on car accident claims.
LegalASAP can connect you with a nearby lawyer who understands Illinois car accident laws to review your case for free. The whole process is free of charge and doesn’t require you to anything else. Why not let an attorney deal with the insurance company so you can focus on medical treatment and your family?
When you’re ready to talk to a local car accident lawyer for free about your case, click below:
Laura Schaefer
Laura Schaefer is the author ofThe Teashop Girls,The Secret Ingredient, andLittler Women: A Modern Retelling. She is also an active co-author or ghostwriter of several nonfiction books on personal and business development. Laura currently lives in Windermere, Florida with her husband and daughter and works with clients all over the world. Visit her online at lauraschaeferwriter.com and linkedin.com.
