Illinois Motor Vehicle Accident Laws

Insurance Requirements

System type: Illinois operates under a fault-based insurance system, where the at-fault driver’s mandatory liability insurance is responsible for covering damages.

Minimum coverage requirements: Illinois law mandates that all drivers carry liability insurance with the following minimum limits:

• $25,000 for bodily injury liability per person
• $50,000 for bodily injury liability per accident
• $20,000 for property damage per accident

Uninsured/underinsured motorist (UM/UIM) coverage: Illinois requires uninsured motorist coverage at the same minimum limits as bodily injury liability coverage to protect against uninsured drivers, thus, they come automatically packaged with liability policies. Underinsured motorist coverage is required only when UM limits exceed the minimum requirements.

Penalties for non-compliance: Driving without insurance in Illinois can lead to a $500 fine for a first offense, as well as a $1,000 fine for driving with a suspended registration due to lack of insurance. It can also lead to suspension of vehicle registration until proof of insurance and a $100 reinstatement fee are submitted.

Rideshare drivers: For rideshare drivers, Illinois imposes higher insurance limits:

• Logged into the app, but no ride was accepted:
  • $50,000 bodily injury per person
  • $100,000 bodily injury per accident
  • $25,000 property damage per accident
• Ride accepted or passenger on board: Rideshare companies like Uber and Lyft provide $1 million per accident in liability coverage, $1 million in UM/UIM coverage, and comprehensive and collision coverage with deductibles up to $2,500

Rideshare drivers should confirm that their personal auto insurance policies do not exclude coverage during app usage to avoid potential gaps in protection.

Optional coverages: Drivers may choose additional coverages for enhanced protection:

• Collision coverage: Pays for vehicle damage regardless of fault
• Comprehensive coverage: Covers non-collision-related damages, such as theft or natural disasters
• Medical Payments (MedPay): Covers medical expenses for the policyholder and passengers, regardless of fault
• Gap insurance: Covers the difference between the loan or lease balance and the vehicle’s actual cash value if totaled
• Rental reimbursement: Covers the cost of a rental car while repairs are being made

Fault Laws

Modified comparative negligence in Illinois

Illinois adheres to a modified comparative negligence system. Injured parties can recover damages as long as they are less than 50% at fault for the accident. Compensation is reduced in proportion to their level of fault. For instance, if a claimant is found to be 20% at fault in an accident with $50,000 in damages, they can recover $40,000. However, if they are 50% or more at fault, they are barred from receiving any compensation.

Multi-vehicle collisions

In accidents involving multiple drivers, fault is allocated among all parties based on evidence. Each party’s ability to recover damages is reduced by their percentage of fault, making thorough documentation and expert analysis critical.

Special considerations for passengers

Passengers injured in a car accident may file claims against any at-fault driver involved, whether it is the driver of their vehicle or another party. However, if the passenger’s actions—such as failing to wear a seatbelt—contributed to their injuries, their compensation may be adjusted accordingly.

Statute of Limitations

Personal injury claims: In Illinois, injured parties have two years from the date of the accident to file a personal injury lawsuit. This includes claims for medical expenses, lost wages, and pain and suffering (735 ILCS 5/13-202).

Property damage claims: For property damage claims, such as vehicle repairs, the statute of limitations is five years from the date of the accident. This is longer than the two-year limit for personal injury claims, allowing more time to address issues related to damaged property.

Wrongful death claims: If a car accident results in a fatality, family members or representatives have two years from the date of death to file a wrongful death lawsuit.

Exceptions to the statute of limitations:

• Discovery rule: If injuries or damages are not immediately apparent, the statute of limitations begins when the injury or damage is discovered or should have reasonably been discovered
• Minors: For victims under the age of 18, the statute of limitations is paused until they reach adulthood, after which the standard filing period begins
• Claims involving government entities: Claims involving government-owned vehicles or entities often have shorter deadlines and additional notice requirements. For example, in Illinois, claims against local public entities must be filed within one year of the incident (745 ILCS 10/8-101). Consulting an attorney promptly is essential to comply with these specific requirements

Accident Reporting Requirements

When to report an accident

In Illinois, you must report a motor vehicle accident to law enforcement and the Illinois Department of Transportation (IDOT) if any of the following conditions are met:

• Injury or death: If anyone involved in the crash is injured or killed
• Property damage: If the damage exceeds $1,500 when all drivers are insured, or $500 if any driver lacks insurance

Accidents must be reported immediately by contacting 911. If the accident occurs within city limits, local law enforcement should be notified, while county sheriff’s offices or the Illinois State Police (ISP) should be contacted for incidents outside city boundaries.

Failing to report a qualifying accident may result in legal penalties, including license suspension or fines, underscoring the importance of adhering to Illinois accident reporting laws.

Filing accident reports

Motorists in Illinois are no longer required to complete the Illinois Motorist Report (formerly SR1B) following a legislative change (Public Act 102-0560). However, specific reporting obligations remain:

• Law enforcement reports: Officers who investigate accidents must submit reports to the Illinois Department of Transportation (IDOT) within 10 days using the SR 1050 crash report form
• Online crash reports: Certain crashes, such as single-vehicle property damage incidents on Illinois State or Interstate highways, may be reported online through the Illinois State Police Crash Reporting Portal

How to access accident reports

Crash reports can be obtained for insurance claims or legal proceedings via the following methods:

Online: Request a report through the ISP Crash Reports Portal. Eligibility criteria and fees apply.

In-person: Visit local police departments or ISP Desk Report locations. Ensure you have identification, accident details, and any necessary fees.

By mail: Submit a written request to the investigating law enforcement agency, including names of involved parties, accident date and location, and the report number if available.

Additional considerations

Desk reporting: In the Chicagoland area, motorists can file Desk Reports at designated ISP locations within 10 days of the crash if law enforcement does not respond.

Hit-and-run crashes: If involved in a hit-and-run, gather as much detail as possible (e.g., vehicle description, license plate) and report the incident to law enforcement immediately.

Private property accidents: These typically do not require law enforcement reporting unless they meet the criteria for injury, death, or significant property damage.

Compensation Limits

Economic damages: Illinois does not cap economic damages, enabling victims to recover the full extent of their measurable financial losses. These damages include expenses such as medical expenses, lost income, loss of earning capacity, property damage, and other out-of-pocket costs directly related to the accident.

Non-economic damages: Illinois does not impose limits on non-economic damages either. These damages address intangible losses such as pain and suffering, loss of companionship, reduced quality of life, and so on.

Punitive damages: Punitive damages are awarded in Illinois to penalize defendants for egregious misconduct, such as intentional harm or gross negligence. While the state imposes no explicit cap, courts scrutinize such awards to ensure they are proportionate to the harm caused.

Claims against the state: When filing a claim against the State of Illinois or its entities, the total compensation is capped at $100,000. This limit applies regardless of the number of claimants or the severity of damages.

Medical Coverage Considerations

In Illinois, navigating medical coverage after a car accident is critical for managing expenses and accessing timely treatment. A combination of insurance options, legal frameworks, and financial tools can help alleviate the burden of medical costs during recovery.

Liability insurance: Illinois operates under an “at-fault” system, where the at-fault driver’s liability insurance covers medical expenses and damages. Drivers must carry minimum liability coverage of $25,000 per person and $50,000 per accident for bodily injuries. Liability insurance typically reimburses expenses only after fault is established and claims are resolved, which can delay compensation.

Medical Payments Coverage (MedPay): MedPay is an optional add-on in Illinois auto insurance policies that covers medical bills for drivers and passengers, regardless of fault. MedPay may cover ambulance services, emergency room visits, surgical procedures, rehabilitation, and therapy. Coverage limits vary by policy, often ranging from $1,000 to $25,000. Unlike liability coverage, MedPay offers immediate financial support, making it a valuable resource after an accident.

Uninsured/underinsured motorist coverage (UM/UIM): If the at-fault driver lacks adequate insurance, UM/UIM coverage under your policy can step in to cover medical expenses and other damages up to your policy limits. This ensures victims are not left bearing the financial burden caused by insufficiently insured drivers.

Health insurance: Health insurance may also cover accident-related medical expenses but often serves as secondary coverage after MedPay or other auto insurance benefits are exhausted. Advantages of using health insurance include negotiated rates and protection from accruing interest on unpaid bills. However, Illinois law allows insurers to seek reimbursement from any settlement under subrogation rules.

Government assistance programs: For those eligible, Medicaid and Medicare may cover medical expenses, serving as the “payer of last resort.” Both programs require repayment from any settlement or judgment obtained, which can complicate financial recovery. Illinois’ Department of Healthcare and Family Services coordinates Medicaid recoveries to comply with federal requirements.

Medical Liens and letters of protection: In Illinois, healthcare providers can file medical liens under the Health Care Services Lien Act to secure payment for services rendered. These liens are applied directly to settlements or judgments obtained by the injured party and cannot exceed 40% of the settlement, with healthcare professionals and providers each capped at 33%. Providers must notify the injured party, their attorney, and insurers within 60 days of treatment. For those without health insurance, liens enable access to immediate medical care without upfront payment, alleviating financial barriers to treatment.

Attorneys can also issue letters of protection, promising providers payment from any future settlement or judgment. These agreements ensure that medical care continues while awaiting case resolution. Both liens and letters of protection require careful negotiation to minimize repayment obligations and maximize recovery for the injured party. Once payment is made, lienholders must release the lien promptly.

Additional considerations:

• Payment plans: Providers may offer payment plans for out-of-pocket expenses, making immediate care more accessible
• Subrogation and reimbursement: Both private and government insurers often require repayment from settlements, so understanding and negotiating these terms can maximize your financial recovery

Unique Local Factors

Weather and road conditions: Illinois experiences diverse seasonal weather that significantly impacts road safety. Winters bring snow, ice, and reduced visibility, especially in northern regions and areas near Lake Michigan. Black ice and snowstorms increase accident risks on highways like I-80 and I-90. Summers introduce heavy rain and thunderstorms, leading to slippery roads and flash flooding, while fall sees wet leaves, creating hazardous driving conditions. To mitigate these risks, Illinois drivers should ensure vehicles are equipped with appropriate tires and remain vigilant in adverse weather.

Traffic hazards and wildlife: Urban areas like Chicago experience high traffic congestion, particularly during rush hours, which increases the likelihood of accidents. Major highways, such as I-290 and I-55, often see heavy commuter traffic and construction delays, especially in summer months. Meanwhile, rural roads throughout central and southern Illinois may pose challenges due to wildlife crossings, particularly deer, which are most active during dawn, dusk, and the fall mating season. Drivers should exercise caution in areas marked with wildlife crossing signs.

Tourism and events: Popular events and destinations in Illinois, such as the Chicago Marathon, Taste of Chicago, and festivals in smaller towns, can lead to increased traffic and heightened accident risks. Additionally, tourism to attractions like Starved Rock State Park and Shawnee National Forest brings more unfamiliar drivers to local roads, especially during summer and fall weekends.

Local Resources & Contacts

State agencies:

• Illinois Department of Transportation (IDOT): Provides road condition updates, traffic reports, and resources for crash reporting 
  • Website: idot.illinois.gov
  • Phone: (217) 782-7820
• Illinois Department of Insurance (DOI): Assists with auto insurance regulations and consumer protection inquiries
  • Website: insurance.illinois.gov  
  • Phone: (866) 445-5364

Illinois State Police (ISP): Offers accident reporting guidance, enforcement, and public safety resources.

• Website: isp.illinois.gov   
• Phone: (217) 782-7980

Legal assistance: Consulting an Illinois personal injury attorney is recommended for navigating accident claims. An attorney can help determine liability, seek compensation for medical expenses and damages, and ensure compliance with legal deadlines like the statute of limitations. Many Illinois personal injury attorneys offer free consultations to assess the specifics of your case.