The Illinois car accident statute of limitations, explained
The Illinois car accident statute of limitations gives you two years for injuries. Call free for your date.
Illinois gives you two years to sue for injuries, but five years for damage to your car. The injury rule sits in 735 ILCS 5/13-202 and the property rule in section 13-205. Crashes with a city or county vehicle get just one year.
The deadlines in Illinois
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Two years | 735 ILCS 5/13-202 |
| Car or property damage lawsuit | Five years | 735 ILCS 5/13-205 |
| Shared fault | Barred above 50 percent | 735 ILCS 5/2-1116 |
| Minimum liability cover | $25,000 / $50,000 / $20,000 | 625 ILCS 5/7-203 |
| Lawsuit against a local government | One year | 745 ILCS 10/8-101 |
Shorter and longer Illinois deadlines
A suit against a local public body, such as a city, county or school district, has a one-year limit, under 745 ILCS 10/8-101. That is half the usual time.
A child gets more time. The two years start when the child turns 18, under section 13-211. Waiting on the insurer pauses nothing, so a slow adjuster can quietly eat up your time.
How fault splits work in Illinois
Illinois lets you recover as long as your fault is not more than 50 percent, under section 2-1116. An even split still pays half. At 51 percent, you get nothing. Below that, each point of blame takes a point off the award.
Coverage behind an Illinois claim
Illinois is an at-fault state. Policies must carry at least $25,000 per person, $50,000 per crash and $20,000 for property, under 625 ILCS 5/7-203. With a serious injury, the other driver’s limit is often the real ceiling on a quick settlement. Your own underinsured motorist cover may add to it.
How an Illinois car accident lawyer can help
Call right away if a public vehicle or a road defect played a part, since one year leaves little room. For other crashes, call well before the two years end. An attorney can collect the crash report and bills and file in the right circuit court. The consultation is free and fees come only from a recovery.
Other states: Indiana, Wisconsin, Iowa, Missouri, Kentucky or every state on one page.
Illinois car accident statute of limitations questions
What is the statute of limitations for a car accident in Illinois?
Two years for injuries and five years for vehicle damage, counted from the crash.
How long do I have to sue a city in Illinois after a crash?
One year from the injury, under the Local Governmental and Governmental Employees Tort Immunity Act.
Can I recover in Illinois if I was half at fault?
Yes. At 50 percent you can still recover half of your damages. Above 50 percent you are barred.
What insurance must Illinois drivers carry?
At least $25,000 per person, $50,000 per crash and $20,000 for property damage.
Before the clock runs out
Illinois cuts you off above 50 percent fault, so an early recorded statement can cost you. Talk to a lawyer before you sign a release and get your deadline and offer reviewed free.
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