Illinois car accident claims

Illinois is not a no-fault state. You generally look to the at-fault driver. That is not the same thing as the shared-blame rule below.

A crash is a negligence claim: duty, breach, cause, harm. The numbers below are the published Illinois rules, not a ruling on your facts.

Last checked Sep 3, 2026 · LawyerUnc editorial. Educational only, not legal advice.

How long you have to file

Ordinary injury claims in Illinois often run 2 years (735 ILCS 5/13-202). Tolling and discovery rules can change a date. Confirm the current statute.

If you share blame

If you are more than 50% at fault, you recover nothing. At 50% or less, your recovery is cut by your share of blame.

No-fault vs the other driver

Illinois is not a no-fault state. The injury lawsuit is against the at-fault driver, subject to the 51% bar. Optional medical payments coverage is not a lawsuit threshold. (215 ILCS (optional med-pay; no PIP lawsuit bar))

What usually matters

• · Illinois ordinary injury clock: 2 years (735 ILCS 5/13-202).
• · If you are more than 50% at fault, you recover nothing. At 50% or less, your recovery is cut by your share of blame.

What to save

Photos of the scene and the cars, the police report number, dashcam or store video, the other driver's insurance card, and your own medical visits in order. Do not post a joke about the crash. Use the preservation letter if a truck or a tape is about to disappear.