Car Accident Claims in Illinois

If no officer is at the scene, a driver must give notice by the fastest available means (to local police inside a city, otherwise the county sheriff or nearest Illinois State Police headquarters) when a crash causes injury or death, causes property damage to anyone (including the driver) over $1,500 (over $500 if any vehicle involved is uninsured), or involves a school bus as described in the law. If the driver cannot, another capable occupant must give notice.

The former requirement that drivers file their own written crash report with the Illinois Department of Transportation (625 ILCS 5/11-406) was repealed effective August 20, 2021. The investigating officer now forwards a written crash report to the state Administrator on approved forms within 10 days after the investigation.

A driver in a crash must stop at or return to the scene and stay until giving name, address, registration number and the vehicle owner's name, showing a driver license on request, and giving reasonable help to anyone injured, including arranging transport for medical care. A driver may move off the highway to the nearest safe spot in a damage-only crash. For an unattended vehicle or property, the driver must find the owner or leave a written note and notify police. Leaving a crash with personal injury or death is a Class 4 felony; failing to then report within half an hour is a Class 2 felony (Class 1 if someone died), and the Secretary of State revokes the license. Leaving a crash that damaged an attended vehicle, or failing to give information or aid, is a Class A misdemeanor; if vehicle damage exceeded $1,000, the license is suspended.

Vehicles must be covered by liability insurance of at least $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one crash, and $20,000 for property damage (25/50/20).

Modified comparative fault (51% bar). In negligence and strict product liability cases for bodily injury, death or property damage, a plaintiff whose fault is more than 50% of the cause recovers nothing. A plaintiff whose fault is 50% or less recovers damages reduced by his or her share of fault. No fault may be attributed to a plaintiff suing over childhood sexual abuse.

A lawsuit for injury to the person (and for false imprisonment or malicious prosecution) must be filed within 2 years after the cause of action accrued. Claims for damages from first degree murder or a Class X felony, where the perpetrator is convicted, are excluded from this limit.

A lawsuit for injury to real or personal property, or to recover personal property or damages for its detention or conversion, must be filed within 5 years after the cause of action accrued.