Illinois Car Accident Statute of Limitations

If you’ve been involved in a car accident in Illinois, it’s critical to understand the legal deadlines for pursuing compensation. The statute of limitations sets a strict time limit for when you must take legal action. If you miss this deadline, you may lose the right to file a lawsuit, no matter how strong your case is.

Under 735 ILCS 5/13-202, the general Illinois statute of limitations for personal injury claims arising from a car accident is two years from the date of the accident.

This rule applies to all parties involved, including drivers, passengers, bicyclists, and pedestrians. If the accident resulted in bodily injury, and you wish to pursue a car accident claim, you must act within this time frame to preserve your right to recover compensation.

Failing to do so typically results in your case being dismissed by the court, leaving you with no legal avenue for pursuing financial compensation for injuries, property damage, or other losses.

Are There Exceptions to the Illinois Auto Accident Statute of Limitations?

While the two-year time frame applies in most cases, Illinois law recognizes certain circumstances where the statute may be paused or altered.

In some situations, the effects of a car accident are not immediately apparent. Under the discovery rule, the two-year clock begins when the injury is discovered, or reasonably should have been discovered, rather than on the date of the accident itself. This exception is often relevant in cases involving latent injuries or medical complications that emerge later.

If the accident victim is under 18 at the time of the accident, the statute of limitations is tolled (paused) until their 18th birthday. This means they typically have until age 20 to file a lawsuit for injuries suffered in a car accident during childhood.

When your auto accident claim involves a city, county, or state agency, such as being hit by a municipal vehicle or injured due to poor road maintenance, different rules apply. In most cases, you must provide notice of your claim within one year or less, depending on the agency.Claims involving government entities are governed by laws such as the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10). These cases are time-sensitive and require immediate legal attention.

Other Important Legal Considerations for Your Illinois Car Accident Claim

Under 625 ILCS 5/7-203, Illinois law requires all drivers to carry minimum liability insurance coverage. This includes:

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

If the at-fault driver in your car accident lacks sufficient coverage, you may need to pursue compensation through your own uninsured/underinsured motorist policy.

Additionally, Illinois follows a modified comparative fault system under 735 ILCS 5/2-1116. If you are found to be more than 50% at fault for the auto accident, you are barred from recovering any damages. If you are 50% or less at fault, your compensation is reduced by your percentage of fault. For example, if you were 20% responsible, your award would be reduced by 20%.

Why Evidence Collection is Crucial for Your Car Accident Claim

Regardless of the timeline, prompt and thorough evidence collection can make or break your auto accident claim. From the moment the accident occurs, gather:

• Photographs of the accident scene, vehicles, and visible injuries
• Names and contact information of any witnesses
• A copy of the police report
• All related medical records and billing documents

Seeking immediate medical treatment not only supports your health but also creates a documented link between the car accident and your injuries. Without this connection, the insurance company may argue that your injuries were unrelated or not serious.

Contact a Chicago Car Accident Attorney for Help with Your Claim

Navigating the legal deadlines and procedural rules of an Illinois claim can be overwhelming, especially when you’re focused on recovery. That’s where a qualified Chicago car accident attorney can make all the difference.

A personal injury attorney can:

• Ensure you meet all statute of limitations deadlines
• Collect and preserve evidence
• Communicate with the insurance company on your behalf
• Accurately assess your damages, including future medical costs
• Maximize your compensation through negotiation or litigation

At Rosenfeld Injury Lawyers, our experienced team is committed to helping Illinois residents protect their rights and recover what they’re owed. If you or a loved one has been hurt in a car accident, don’t wait until it’s too late.

Call (888) 424-5757 or fill out our online form to book a free consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.