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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

Illinois time limits after a car crash
WhatTime limitLaw
Injury lawsuitTwo years735 ILCS 5/13-202
Car or property damage lawsuitFive years735 ILCS 5/13-205
Shared faultBarred above 50 percent735 ILCS 5/2-1116
Minimum liability cover$25,000 / $50,000 / $20,000625 ILCS 5/7-203
Lawsuit against a local governmentOne year745 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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