Car Accident Settlement in Illinois
Illinois car accident laws — statute of limitations, fault rules, minimum insurance requirements, no-fault vs. tort rules, and typical settlement amounts.
Illinois is a fault (tort) state. The at-fault driver's liability insurance pays. Illinois requires uninsured motorist coverage, providing protection if the other driver has no insurance.
Illinois requires reporting accidents to local police if there is injury, death, or property damage over $1,500 (or $500 if any driver appears uninsured). The driver must also report the accident to the Illinois DMV within 10 days using the Illinois Motorist Report form.
Frequently Asked Questions
How long do I have to file a car accident claim in Illinois?
2 years. Illinois's statute of limitations for personal injury from a car accident is 2 years from the date of injury (735 ILCS 5/13-202). Property damage claims are 5 years. Claims against a local government require a notice within 1 year.
Is Illinois a fault or no-fault state?
Fault (tort) state. Illinois is a fault (tort) state. The at-fault driver's liability insurance pays. Illinois requires uninsured motorist coverage, providing protection if the other driver has no insurance.
What are the fault rules for car accidents in Illinois?
Illinois follows Modified Comparative Fault. Illinois follows modified comparative fault with a 50% bar — if you are 50% or more at fault, you cannot recover damages. If less than 50% at fault, your recovery is reduced by your percentage of fault.
What is the minimum car insurance required in Illinois?
25/50/20 (bodily injury per person/per accident/property damage). Illinois minimum liability: $25,000 per person / $50,000 per accident bodily injury / $20,000 property damage. Illinois also requires uninsured motorist coverage at these same minimums.
How much is a car accident settlement worth in Illinois?
$15,000–$55,000. Illinois car accident settlements vary by injury severity and Cook County vs. downstate differences. Chicago-area cases tend to settle higher due to higher costs of living and medical treatment.
What should I do immediately after a car accident in Illinois?
Call 911 if there are injuries. Exchange insurance, license, and registration with other drivers. Document the scene with photos. Get witness contact information. Seek medical attention immediately — do not wait. Illinois requires reporting accidents to local police if there is injury, death, or property damage over $1,500 (or $500 if any driver appears uninsured). The driver must also report the accident to the Illinois DMV within 10 days using the Illinois Motorist Report form.