By Serdar Arslan, editor · Last reviewed · How we research
A crash involving a city bus, a county truck or another local public vehicle puts Illinois victims on a 1-year clock. Lawsuits against a local public entity, such as a city, county, transit agency or school district, generally must be filed within 1 year after the injury. Claims against the State of Illinois go to the Court of Claims, where written notice to the Attorney General and the Clerk is generally due within 1 year unless the claim itself is filed in that time.
Against private drivers, the timeline is longer and uneven: 2 years for injuries and wrongful death, but 5 years for damage to your vehicle. Fault is compared under a modified rule that bars recovery above 50%. Uninsured motorist coverage is mandatory, with liability minimums of 25/50/20. If police do not investigate, drivers must file their own written crash report within 10 days when anyone is hurt or property damage tops $1,500, or just $500 if any vehicle involved is uninsured. Illinois saw 1,177 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years from the date the claim accrues, which in a crash case is usually the date of the accident Source: 735 ILCS 5/13-202 |
|---|---|
| Property damage deadline | Generally 5 years for damage to your vehicle or other property Source: 735 ILCS 5/13-205 |
| Wrongful death deadline | Generally 2 years from the date of death Source: 740 ILCS 180/2 |
| Claims against a government entity | A lawsuit against a local public entity (such as a city, county, transit agency or school district) or its employees generally must be filed within 1 year after the injury. For claims against the State of Illinois in the Court of Claims, you generally must file a written notice with the Attorney General and the Clerk of the Court of Claims within 1 year, unless you file the claim itself within that year. |
| Fault rule | Modified comparative fault (51% bar): Your damages are reduced by your percentage of fault, but you recover nothing if you are more than 50% at fault. Source: 735 ILCS 5/2-1116 |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $20,000 property damage Source: 625 ILCS 5/7-601, 5/7-203 |
| Uninsured motorist coverage | Required |
| Damage caps | Illinois generally has no cap on compensatory damages in car accident cases. Claims against government bodies and requests for punitive damages follow separate rules, so check the statute or ask a licensed attorney. |
| Reporting a crash | Notify local police (or the sheriff or Illinois State Police outside city limits) right away by the fastest means. If police do not investigate, drivers must file a written crash report within 10 days when anyone is hurt or killed, or property damage tops $1,500 (or $500 if any vehicle involved is uninsured). Source: 625 ILCS 5/11-406, 5/11-407 |
Getting your crash report in Illinois
Request the crash report from the police agency that responded (city police, county sheriff or Illinois State Police). Copies generally cost about $5 and can be requested by mail or online, depending on the agency.
Checking a Illinois lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: Illinois ARDC – Lawyer Search
- Lawyer referral: Illinois State Bar Association – Illinois Lawyer Finder · 800-922-8757
1,177 people died in motor vehicle crashes in Illinois in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›What if a city bus or transit vehicle hit me in Illinois?
A lawsuit against a local public entity such as a city, county, transit agency or school district generally must be filed within 1 year after the injury (745 ILCS 10/8-101(a)). That is half the usual 2-year deadline for injury claims. Claims against the State of Illinois go to the Court of Claims and have separate notice rules.
›Why do I have 5 years for my car but only 2 for my injuries?
Illinois sets different deadlines by type of claim. Injury claims generally must be filed within 2 years (735 ILCS 5/13-202), while damage to your vehicle or other property generally has 5 years (735 ILCS 5/13-205). Wrongful death claims generally have 2 years from the date of death.
›When must I file my own Illinois crash report?
If police do not investigate, drivers must file a written crash report within 10 days when anyone is hurt or killed or property damage to any one person tops $1,500 (625 ILCS 5/11-406). The threshold drops to $500 if any vehicle involved is uninsured. Separately, if no officer is at the scene, you must notify police right away by the fastest means (625 ILCS 5/11-407).
›How does partial fault affect an Illinois claim?
Your damages are reduced by your percentage of fault. If you are more than 50% at fault, you recover nothing (735 ILCS 5/2-1116).
›Do Illinois policies have to include uninsured motorist coverage?
Yes. Uninsured motorist coverage is required in Illinois, along with liability minimums of $25,000 per person, $50,000 per accident and $20,000 for property damage (625 ILCS 5/7-601). Check your policy to confirm your limits.
Sources
- 735 ILCS 5/2-1116 (Illinois General Assembly)
- 745 ILCS 10/8-101 (Illinois General Assembly)
- 705 ILCS 505/22-1 (Illinois General Assembly)
- 735 ILCS 5/13-202 (Illinois General Assembly)
- 735 ILCS 5/13-205 (Illinois General Assembly)
- 740 ILCS 180/2 (Illinois General Assembly)
- 625 ILCS 5/7-203 (Illinois General Assembly)
- 625 ILCS 5/11-406 (Illinois General Assembly)
- Illinois Department of Transportation – Crash reports (P.A. 102-0560 motorist report change)
- 625 ILCS 5/11-407 (Illinois General Assembly)
- Illinois Department of Insurance – Comparative negligence
- Illinois ARDC – FAQs for the public