Illinois · Comparative fault · Updated Oct 2026

Comparative fault in Illinois: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Illinois, the law behind it and how insurers apply it.

Short answer

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).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault 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.
Insurance system
Fault (tort)

Insurance and small claims in Illinois

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).

Small claims limit for car damage in Illinois: $10,000 (Cook County Pro Se branch: up to $3,000). Illinois small claims guide on Small Claims Map

How fast an insurer must handle a claim in Illinois

  • 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.

More facts for 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).

If the insurer says you were partly at fault

  1. Get the police report. 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). Reporting a crash in Illinois and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Illinois Department of Insurance.
  4. Sue before the deadline: 5 years for property damage and 2 years for injury. Deadlines to sue in Illinois, with the calculator

Who pays in Illinois: fault and payout explainer

Modified comparative fault (51% bar)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).

Free help in Illinois

Questions about comparative fault in Illinois

Is Illinois a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. 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.

Where can I complain if an insurer blames me unfairly in Illinois?

Illinois Department of Insurance: https://idoi.illinois.gov/consumers/file-a-complaint.html · (312) 814-2420 (Chicago) or (217) 782-4515 (Springfield)

How fast must an insurer handle a car insurance claim in Illinois?

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)).

How do I get 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

More for Illinois drivers

Nearby states

Sources

Last checked: Oct 24, 2026.