Car accidents in Illinois: what to do and who pays

At the scene and reporting a crash in Illinois

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

Illinois State Police says each driver must file a crash report if the crash caused a death, an injury, or more than $1,500 of property damage when all drivers are insured ($500 if any driver has no insurance). If no officer comes to the scene, file a report with police as soon as possible, within 10 days. Call 911 if anyone is hurt.

Damage amount

$1,500

Report to the state

Drivers no longer send IDOT a written Motorist Report. Illinois State Police says that if no officer came to the scene of a reportable crash, you must file a crash report with police as soon as possible, within 10 days. For a single-vehicle, property-damage-only crash with no injuries on an Interstate, U.S. or Illinois route you can file it online with ISP; in the Chicago area you can file a Desk Report at listed locations.

Deadline for your report

10 days

Law

Illinois State Police, Crash Reports; 625 ILCS 5/11-407 (not re-read: ilga.gov unreachable)

Official text

Read the official text

First 24 hours after a crash in Illinois

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in Illinois

Illinois is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System

Fault (tort)

PIP, benefits and when you can sue

No PIP. The driver who caused the crash (and their liability insurance) pays. The Illinois Department of Insurance explains you can claim with the other driver's insurer (a third-party claim) or with your own insurer if you have the coverage (a first-party claim).

Law

625 ILCS 5/7-203; Illinois Department of Insurance

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in Illinois

Rule

Modified (51% bar)

What it means

In Illinois, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Law

735 ILCS 5/2-1116, as explained by the Illinois Department of Insurance: you can generally collect if you are 50% or less at fault, reduced by your share.

Compare every state's rule in the comparative negligence table.

Who pays in Illinois: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in Illinois

Liability minimum

25/50/20

Uninsured / underinsured motorist (UM/UIM)

Uninsured motorist bodily injury coverage of at least $25,000/$50,000 is required. Underinsured coverage is required if you buy UM limits above the minimum (215 ILCS 5/143a-2). Uninsured motorist property damage (UMPD) is optional; insurers must offer it with a deductible of no more than $250.

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in Illinois

For crashes handled by Illinois State Police: buy a redacted copy online through ISP E-PAY (sent by e-mail), or mail a written request with a $5 check or money order to Illinois State Police, Patrol Records Unit (unredacted copies need a subpoena or court order, plus $20). For crashes handled by city police or a sheriff, ask that agency. https://isp.illinois.gov/CrashReports

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in Illinois

How fast insurers must act

An insurer must give you the forms needed to present a claim within 15 working days of your request (215 ILCS 5/143.23a). For a property damage liability claim still unresolved after 60 days, the insurer must give you a reasonable written explanation of the delay (50 Ill. Adm. Code 919.80(b)(3)). On your own policy, the insurer must contact you within 21 working days after it is notified of the loss.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in Illinois

Claim under your uninsured motorist coverage (required for injuries) and UMPD or collision coverage if you have them for car damage. If any driver in the crash has no insurance, the police-reporting threshold drops to $500.

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in Illinois

Property damage (your car)

5 years

Injury

2 years

Notes, including claims against a government

If you were under 18, the 2 years for injury start at your 18th birthday. Claims against cities and counties generally must be filed within 1 year; claims against the State go to the Illinois Court of Claims.

Law

735 ILCS 5/13-202 (injury), 5/13-205 (property); confirmed by the Illinois Department of Insurance

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in Illinois

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in Illinois

Small claims limit

$10,000 (Cook County Pro Se branch: up to $3,000).

Illinois small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in Illinois

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• Illinois Department of Insurance · (312) 814-2420 (Chicago) or (217) 782-4515 (Springfield)

Free help in Illinois

• Illinois Department of Insurance: claims with another driver's insurer
• Illinois Courts: Small Claims Complaint forms

Good to know in Illinois

• The at-fault driver's insurer must pay for a rental car in proportion to its driver's fault, for the normal repair time or until it makes a settlement offer (50 Ill. Adm. Code 919.80, per IDOI).
• An insurer may not refuse to pay an agreed property damage claim just because your injury claim is still open (IDOI).
• You don't have to use the insurer's suggested repair shop, but you may have to pay any price difference (IDOI).

Changes in 2024–2026

On August 4, 2026 the Governor signed HB 4273 and SB 714, which require auto and home insurers to justify rates and let the Department of Insurance object to excessive rates. They do not change crash or claim rules.

Free letters

Questions about car accidents in Illinois

Other states