Car Accident Laws in Illinois
Car accidents in Illinois are common, especially in high-traffic areas like Chicago, Rockford, and the I-55 corridor. If you’ve been hurt in a crash, understanding the laws that apply in Illinois is essential to protect your health, finances, and legal rights. This guide walks you through the basics of fault, insurance, deadlines, and what to do if you’re involved in a motor vehicle accident in the Prairie State.
Illinois Is an At-Fault State
Illinois follows a fault-based insurance system. This means the driver who caused the accident is responsible for the damages. After a crash, you can:
- File a claim with your own insurer (if you have applicable coverage)
- File a third-party claim with the at-fault driver’s insurance
- File a personal injury lawsuit in civil court
You’ll need to prove fault to recover compensation through a third-party claim or lawsuit.
Modified Comparative Negligence Rule
Illinois uses the modified comparative negligence rule with a 51% bar. If you’re found to be 51% or more at fault, you cannot recover any damages. If you’re 50% or less responsible, your recovery is reduced by your percentage of fault.
For example, if you are awarded $50,000 and are 20% at fault, you’ll receive $40,000.
Minimum Auto Insurance Requirements in Illinois
All drivers in Illinois are required to carry liability insurance with the following minimums:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $20,000 for property damage
Illinois also requires uninsured motorist (UM) coverage in the same bodily injury amounts. This helps protect you in case you’re hit by a driver without insurance.
Statute of Limitations in Illinois
If you plan to take legal action after a car accident, Illinois law gives you two years from the date of the accident to file a personal injury lawsuit. For property damage, you have five years to file. If you miss these deadlines, you may lose your right to seek compensation altogether.
When to Report a Car Accident in Illinois
Illinois law requires you to report a crash to the police if:
- Anyone is injured or killed
- There is more than $1,500 in property damage (or $500 if one or more drivers are uninsured)
You must file a written accident report with the Illinois Department of Transportation (IDOT) within 10 days if the crash meets the reporting threshold.
What If the At-Fault Driver Has No Insurance?
If the other driver is uninsured or flees the scene, you may use your uninsured motorist coverage. This is required in Illinois and can help cover your medical bills, lost wages, and other losses if you can’t collect from the at-fault driver.
If you don’t have enough coverage and the at-fault driver lacks resources, your recovery may be limited.
Types of Compensation Available
If you’re injured in a car accident caused by someone else, you may be entitled to recover:
- Medical expenses
- Lost income and reduced earning ability
- Property damage
- Pain and suffering
- Mental and emotional distress
- Loss of enjoyment of life
In some cases, punitive damages may be available if the driver acted with intentional harm or gross negligence, such as in DUI crashes.
Should You Hire a Car Accident Lawyer in Illinois?
If you’re seriously injured or struggling with an insurance company, speaking with a car accident attorney can help. An experienced lawyer will handle negotiations, make sure important deadlines are met, and fight for fair compensation. Most attorneys offer free consultations and only get paid if you win your case.