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What should I do after a car accident in Illinois?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Illinois is a traditional at-fault (tort) state under the Illinois Vehicle Code (625 ILCS 5/) and the Code of Civil Procedure.

1. Immediate Steps at the Scene

  • Stop and exchange information (625 ILCS 5/11-403). Leaving the scene of an injury crash is a Class 4 felony.
  • Render reasonable aid (5/11-403).
  • Call 911 for injuries; photograph and document.

    • 2. Mandatory Reporting

  • Police: Required if anyone is injured/killed.
  • IDOT Crash Report (Form SR-1): Within 10 days if damage exceeds $1,500 OR exceeds $500 if any party is uninsured (625 ILCS 5/11-406).
  • Notify your insurer promptly.

    • 3. Minimum Liability Insurance

    25/50/20 under 625 ILCS 5/7-203. Uninsured motorist coverage of 25/50 is also mandatory (215 ILCS 5/143a).

    4. Modified Comparative Negligence — 50% Bar

    Under 735 ILCS 5/2-1116, the plaintiff cannot recover if their fault is more than 50%. At 50% or less, damages are reduced by the plaintiff's percentage of fault. Note: this is a "50% bar" (cannot exceed 50%), stricter than the 51% bar in Texas and post-HB-837 Florida.

    5. Statute of Limitations

  • Personal injury: 2 years (735 ILCS 5/13-202).
  • Property damage: 5 years (735 ILCS 5/13-205).
  • Wrongful death: 2 years (740 ILCS 180/2).
  • Claims against local public entities: 1 year under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101).

    • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Insurer is asserting you were 50% or more at fault
    • A government vehicle or public entity is involved (1-year SOL)
    • Injuries are serious and policy limits may be insufficient
    Related Statutes & Laws
    • 625 ILCS 5/7-203
    • 625 ILCS 5/11-403
    • 625 ILCS 5/11-406
    • 735 ILCS 5/2-1116
    • 735 ILCS 5/13-202
    • 745 ILCS 10/8-101

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.