Illinois Car Accident Laws Basics (2026)

How Illinois' At-Fault Car Insurance System Works

One of the most important Illinois car accident laws to be aware of is the state’s at-fault system. This means that you will need to prove that the other party was responsible for your losses to be able to obtain compensation.

You would file a personal injury claim against their insurance. If your losses exceed their insurance coverage, then the defendant would be personally responsible for the rest.

Minimum Auto Insurance Requirements in Illinois

Illinois requires that all motor vehicles registered in the state have minimum auto insurance. Liability insurance is necessary, which covers property damage and injuries you cause to others in a car accident. The minimum liability insurance you can have is as follows:

• $25,000 for the injury or death of one person in an accident
• $50,000 for the injury or death of more than one person in an accident
• $20,000 for damage to someone else’s property

You also need to have uninsured motorist coverage. These are the minimums, but there are numerous other options.

When and How to Report a Car Accident in Illinois

Illinois car accident laws also require that you report car accidents in a timely manner. If the accident caused an injury, death or property damage of at least $1,500, you must report it within 10 days.

It’s important to call the police to the site of the accident. You will need a copy of their report to begin a claim, so summoning them to the scene is typically the fastest option. If police don’t come to the scene, as can occur in minor collisions, you will still need to report the accident to the Illinois Department of Transportation.

Illinois Comparative Fault Rules and Shared Liability

Additionally, Illinois car accident laws cover whether you are allowed to file a claim if you’re partly responsible for the collision. The state follows modified comparative negligence laws, which enable you to still receive compensation if your percentage of liability is 50% or less.

Your winnings will be reduced by your liability. If you exceed that threshold, you usually won’t be allowed to recover losses.

Statute of Limitations for Illinois Car Accident Claims

For Illinois car accident claims, the statute of limitations is typically two years. There may be exceptions to this timeline, however, so it’s vital to consult with an Illinois car accident lawyer about filing a claim as soon as possible after a crash.

What Compensation Can You Recover After an Illinois Car Accident?

After an Illinois car accident, you may be entitled to receive economic and non-economic damages. Economic damages cover medical expenses, including any future needs you may have, along with lost wages.

If the injury is serious enough to prevent you from working in the same capacity as you used to, or at all, you can also obtain compensation for your loss of earning potential. In accidents that result in a loved one’s death, you can receive compensation to cover funerary expenses, too.

Non-economic damages address losses that are not as easy to calculate. For example, they cover pain and suffering, as well as your loss of enjoyment of life.

Filing a Car Accident Claim in Illinois

To file a car accident claim in Illinois, ensure you have a report of the collision. Speak with an attorney to understand what your rights are in your specific situation. You will need to let your insurer know that you were in an accident, but you should not offer too much information. For instance, avoid mentioning anything about fault.

You will need to file against the other party’s insurance company. That is not an easy step to take, so make sure that you have an attorney by your side.

Get Matched With an Illinois Car Accident Lawyer Today

Being in any accident can be a harrowing experience. You may end up needing to repair your vehicle and get medical care for injuries. You may also need to take time off work to heal. All of this can take an emotional, physical and financial toll on you. To have a chance to recover your losses, consider filing a personal injury claim.

At ConsumerShield, we can put you in contact with some of the leading lawyers in your area. With an attorney on your side, you can fight for the justice you deserve. Contact us to learn more about how we can help you today.