Illinois filing deadlines
| Claim | Deadline |
|---|---|
| Personal injury lawsuit | 2 years |
| Vehicle and property damage | 5 years |
| Wrongful death | 2 years |
| Notice of a claim against a government | No separate notice-of-claim period for local entities, but suit against a local public entity or its employees must be commenced within 1 year from injury or accrual (745 ILCS 10/8-101(a)). |
Property: 13-205 'to recover damages for an injury done to property, real or personal... shall be commenced within 5 years next after the cause of action accrued'. Wrongful death: 740 ILCS 180/2(d) 'every such action shall be commenced within 2 years after the death of such person'. Local government: 8-101(a) 'within one year from the date that the injury was received or the cause of action accrued'. ilga.gov was unreachable.
If you were partly at fault
Illinois follows modified comparative negligence, 51% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.
- With $100,000 in damages and 30% of the fault, you would recover $70,000.
- With 55% of the fault, you would recover $0, because the rule bars your claim.
Recovery allowed at exactly 50% ('not more than 50%'); damages diminished in proportion to plaintiff's fault. Source note P.A. 103-1053, eff. 12-20-24 (childhood sexual abuse carve-out).
Source: 735 ILCS 5/2-1116. Compare all states in the comparative negligence table.
At-fault (tort) state
In Illinois the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Your own medical payments or health coverage can pay bills while the claim is pending.
Minimum car insurance in Illinois
$25,000 per person and $50,000 per accident for injuries, $20,000 for property damage. Uninsured motorist coverage is required.
Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. UM bodily injury coverage is mandatory: no policy may be issued 'unless coverage is provided therein or supplemental thereto, in limits for bodily injury or death set forth in Section 7-203'.
Damage caps
Illinois does not cap pain and suffering in ordinary car accident cases.
Dog bite law
Strict liability statute. Covers attacks and any injury (not just bites) by a dog or other animal. Defenses: provocation, victim not peaceably conducting themselves, or not lawfully present. Owner is liable 'for the full amount of the injury proximately caused thereby.' Illinois defines 'owner' broadly to include keepers/harborers.
Source: 510 ILCS 5/16. Estimate a claim with the dog bite calculator.
Frequently asked questions
How long do I have to file a car accident claim in Illinois?
2 years from the accident for an injury lawsuit and 5 years for vehicle damage (735 ILCS 5/13-202; 735 ILCS 5/13-205; 740 ILCS 180/2(d); 745 ILCS 10/8-101(a)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.
Is Illinois a no-fault state?
No. Illinois is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.
What happens if I was partly at fault in Illinois?
Illinois follows modified comparative negligence, 51% bar (735 ILCS 5/2-1116). Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.
What is the minimum car insurance in Illinois?
$25,000 per person and $50,000 per accident for injuries, $20,000 for property damage (25/50/20). Uninsured motorist coverage is also required.
Does Illinois cap pain and suffering damages?
Not in ordinary car accident cases.
Sources
Checked against official Illinois sources November 5, 2026.