Illinois · Deadline to sue · Updated Oct 2026

Deadline to sue after a car accident in Illinois

Time limits, government claims and a calculator.

Short answer

In Illinois, you generally have 5 years to sue for car damage and 2 years for an injury, counted from the crash. Claims against cities and counties generally must be filed within 1 year; claims against the State go to the Illinois Court of Claims.

Property damage (your car)
5 years
Injury
2 years
Law
735 ILCS 5/13-202 (injury), 5/13-205 (property); confirmed by the Illinois Department of Insurance
Small claims limit
$10,000

Claims against a government in Illinois

  • Claims against cities and counties generally must be filed within 1 year; claims against the State go to the Illinois Court of Claims.

Other notes on the Illinois deadlines

  • If you were under 18, the 2 years for injury start at your 18th birthday.

Shorter time limits to watch in Illinois

  • Crash 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.

Deadline to sue in Illinois

Illinois: 5 years for property damageEnter the date of the crash to see the last day to file a lawsuit.

Protecting your deadline in Illinois

  1. Your earliest deadline in Illinois: 2 years.
  2. If a government was involved, act fast. Claims against cities and counties generally must be filed within 1 year; claims against the State go to the Illinois Court of Claims.
  3. Small claims, for car damage up to $10,000: Illinois small claims guide on Small Claims Map
  4. Don't wait for the insurer: talks with an adjuster don't stop the clock.

Free help in Illinois

Questions about deadlines to sue in Illinois

How long do you have to sue for an injury after a car accident in Illinois?

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

How long do you have to sue for car damage after an accident in Illinois?

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

How do claims against a government work in Illinois?

Claims against cities and counties generally must be filed within 1 year; claims against the State go to the Illinois Court of Claims.

What is the small claims limit in Illinois?

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

More for Illinois drivers

Nearby states

Sources

Last checked: Oct 24, 2026.