What to do after a car accident in Illinois
Every rule below is quoted from Illinois law or a state agency, with a link. Checked September 17, 2026.
At fault state
The short answer
Illinois is an at-fault state. The insurance of the driver who caused the crash pays for the other driver's injuries and damage, and you can file a claim with either your own insurer or the other driver's insurer. A driver must immediately report a crash if anyone was hurt or killed, or if the property damage to anyone, including the driver, is more than $1,500, or more than $500 if a car in the crash has no insurance. You have 2 years from the crash to sue for your injuries.
Deadlines in Illinois
- 2 years
- to sue for injuries735 ILCS 5/13-202
- 5 years
- to sue for car or property damage735 ILCS 5/13-205
- 2 years
- for a family to sue after a death740 ILCS 180/2(d)
- 1 year
- to notify the government if a public vehicle or road was involved705 ILCS 505/22-1 (state); 745 ILCS 10/8-101 (local government)
Miss one of these and you can lose the right to claim, even with a strong case.
At the scene
Stop, share your information and help anyone hurt
After a crash with injury or death, a driver must stop right away, stay at the scene, give their name, address, registration and license information, and help any injured person get medical care.
“The driver of any vehicle involved in a motor vehicle crash resulting in injury to or death of any person or damage to any vehicle ... shall give the driver's name, address, registration number and owner of the vehicle ... and shall render to any person injured in such crash reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician, surgeon or hospital”
When you must call the police
A driver must immediately report a crash if anyone was hurt or killed, or if the property damage to anyone, including the driver, is more than $1,500, or more than $500 if a car in the crash has no insurance.
“Notice is required to be given under this subsection (a) if the crash: (1) results in injury to or death of any person; (2) results in damage to the property of any person, including the driver, in excess of $1,500 (or $500 if any of the vehicles involved in the accident is subject to Section 7-601 but is not covered by a liability insurance policy)”
Moving your car out of traffic
If a crash only damaged the vehicles and they can still be driven, drivers may move them off the highway to the nearest safe location, such as a shoulder or side street, instead of leaving them in traffic, while they finish exchanging information.
“A driver does not violate this Section if the driver moves the vehicle as soon as possible off the highway to the nearest safe location on an exit ramp shoulder, a frontage road, the nearest suitable cross street, or other suitable location that does not obstruct traffic”
In the days after
Whether you must file a report yourself
Illinois drivers do not file their own written crash report with the state in most cases. When police investigate a crash, the officer must send a written report to the state within 10 days. If police were not called for a minor crash, a driver can file a citizen crash report online with the Illinois State Police.
“Every law enforcement officer who investigates a motor vehicle crash for which a report is required by this Article ... shall forward a written report of such motor vehicle crash to the Administrator ... within 10 days after investigation of the motor vehicle crash”
Getting a copy of the crash report
Illinois State Police crash reports can be ordered online through the E-Pay system for a 5 dollar statutory fee plus a service fee, and requests can take 10 or more business days to process.
“A service fee will be added to the statutorily set fee of $5.00 for crash reports obtained through this service ... your request may take 10 or more business days to process.”
Who pays for the damage
Illinois is an at-fault state. The insurance of the driver who caused the crash pays for the other driver's injuries and damage, and you can file a claim with either your own insurer or the other driver's insurer.
“Even if another driver caused the damage, you have the option to file the claim with either your own insurance company if you have the appropriate coverages (a "first-party" claim) or the other driver's insurance company (a "third-party" claim).”
Insurance rules in Illinois
What insurance every driver must carry
Illinois requires liability insurance of at least $25,000 per person and $50,000 per crash for injury, and $20,000 for property damage.
“every such policy or bond is subject, if the motor vehicle crash has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $25,000 because of bodily injury to or death of any one person in any one motor vehicle crash and ... to a limit of not less than $50,000 because of bodily injury to or death of 2 or more persons ... and, if the motor vehicle crash has resulted in injury to or destruction of property, to a limit of not less than $20,000”
Personal injury protection (PIP)
Illinois does not require drivers to buy personal injury protection. The law only requires liability insurance that pays the other driver when you are at fault.
“The insurance policy shall be issued in amounts no less than the minimum amounts set for bodily injury or death and for destruction of property under Section 7-203 of this Code”
If the other driver has no insurance
Illinois requires every auto liability policy to include uninsured and hit and run motorist coverage at the same limits as the state minimum liability coverage. Unlike some states, this coverage is built into the policy rather than something you can simply decline.
“No policy insuring against loss resulting from liability imposed by law for bodily injury or death ... shall be renewed, delivered, or issued for delivery in this State unless coverage is provided therein or supplemental thereto, in limits for bodily injury or death set forth in Section 7-203 of the Illinois Vehicle Code”
Medical payments coverage
Medical payments coverage is optional in Illinois. Insurers are not required to include it, and you are not required to buy it.
“Medical Payments ... Covers medical and funeral expenses for you or your passengers if injured or killed in an accident in your vehicle.”
If an insurance company treats you unfairly
You can file a complaint against an insurance company with the Illinois Department of Insurance online through its Help Center, or by mailing or emailing a complaint form.
“Click Here to File a Complaint Online”
The deadline rules, word for word
Deadline to sue for injuries
You have 2 years from the crash to sue for your injuries.
“Actions for damages for an injury to the person ... shall be commenced within 2 years next after the cause of action accrued”
Deadline to sue for car damage
You have 5 years from the crash to sue over damage to your vehicle or other property.
“actions ... to recover damages for an injury done to property, real or personal, or to recover the possession of personal property or damages for the detention or conversion thereof, and all civil actions not otherwise provided for, shall be commenced within 5 years next after the cause of action accrued.”
Deadline for a wrongful death claim
In most cases you have 2 years from the death to sue over a death caused by a crash.
“Except as otherwise provided in subsection (e) of this Section, every such action shall be commenced within 2 years after the death of such person”
If a government vehicle or road was involved
If a state owned vehicle or state road is involved, you must file a written notice with the Illinois Attorney General and the Court of Claims within 1 year of the crash, and the claim itself must also be filed within 1 year. If a city, county or other local government is involved, there is no separate notice step, but the lawsuit itself must be filed within 1 year of the crash.
“Within 1 year from the date that such an injury was received or such a cause of action accrued, any person who is about to commence any action in the Court of Claims against the State of Illinois ... shall file in the office of the Attorney General and also in the office of the Clerk of the Court of Claims”
Sources on this page
Each one was opened and checked on September 17, 2026.
- Illinois Vehicle Code 625 ILCS 5/7-601; Illinois Department of Insurance auto claims page
- 625 ILCS 5/7-601(a)
- 735 ILCS 5/2-1116
- 735 ILCS 5/13-202
- 735 ILCS 5/13-205
- 740 ILCS 180/2(d)
- 705 ILCS 505/22-1 (state); 745 ILCS 10/8-101 (local government)
- 625 ILCS 5/11-407(a)
- 625 ILCS 5/11-408(a)
- 625 ILCS 5/7-203
- 215 ILCS 5/143a
- Illinois Department of Insurance, Auto Insurance Shopping Guide
- 625 ILCS 5/11-403
- 625 ILCS 5/11-402(a)
- Illinois State Police, Obtain a Copy of a Crash Report Online (E-Pay)
- Illinois Department of Insurance, How to File a Complaint
- Illinois Rules of Professional Conduct, Rule 1.5(d)(2) and 1.5(e)
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.