Car Accident Laws in Illinois

Car Accident Laws in Illinois Date: Aug 13, 2025

If you drive or live in Illinois, it’s important to understand the laws concerning car accidents. After all, ignorance of the law does not excuse you from its consequences. Whether you’ve been driving for years or are preparing to get your driving permit for the first time, understand the relevant insurance and accident laws. Learn more about car accident claims in Illinois, what to do if you are involved in a car accident and when you should call the Law Offices of Argionis & Associates, LLC.

Auto Insurance Requirements in Illinois

Like in most other states, every Illinois driver must have the minimum liability insurance. Having adequate insurance coverage is necessary to remain compliant and avoid fines. Even if you are not in an accident, you could still receive a citation for driving without valid insurance, which may require a court appearance.

For Illinois drivers, auto insurance requirements include:

Liability Coverage

If you cause bodily injury or property damage when operating a vehicle, your liability insurance will kick in. Illinois drivers need a minimum of $25,000 per person and $50,000 per accident in bodily injury coverage. You also need at least $20,000 in property damage coverage per accident.

Liability coverage includes anyone who drives your vehicle, and may also cover legal expenses if you are sued after an accident. While these figures account for the minimum coverage requirements, purchasing higher limits is recommended, as you will be financially responsible for all costs exceeding your coverage limits.

Uninsured and Underinsured Motorist Coverage

If you are involved in an accident or hit-and-run with an uninsured or underinsured driver, this covers any bodily injury. You should have at least $25,000 per person and $50,000 per accident. This coverage is important to protect you if the at-fault driver does not have insurance or sufficient coverage.

Underinsured motorist insurance is required only if you have higher limits of uninsured coverage. If your repair or medical costs exceed the at-fault driver’s insurance limits, your underinsured motorist insurance can help make up the difference.

Is Illinois an At-Fault State for Car Accidents?

Illinois is an at-fault state for car accidents. The at-fault or full tort system places full liability for car accidents on the responsible party. This means whoever is determined to be at fault for the accident must compensate the other parties for damage and injuries.

In most cases, insurance companies determine fault in car accidents. To figure out who is at fault, they will consult:

• Police accident reports
• Scene photos
• Eyewitness and driver statements
• Traffic citations
• Medical records
• Dashcams or other surveillance video
• Vehicular damage and crash analyses

The insurance company’s fault decision is not binding, however. In cases where fault is not clear or if you disagree with the findings of the insurance adjuster, consult with a car accident lawyer in Illinois to determine if you have grounds to file a lawsuit. If your case proceeds, the court will consider all the available evidence and decide based on law and precedent.

How Illinois Determines Negligence in Car Accidents

In legal terms, at-fault drivers are considered negligent — they have failed in some way to exercise the necessary care to avoid an accident.

Determining fault in a car accident relies on the four key elements of negligence, or fault:

• Duty: Drivers have a duty of care to operate their vehicles safely according to traffic laws. For example, drivers must stop completely at all stop signs.
• Breach: A breach of duty happens when a driver does not take the appropriate actions to exert the proper care. For example, failing to stop fully at a stop sign.
• Causation: This element requires the injured party or plaintiff to prove that the breach of duty by the at-fault driver was a direct contributing factor to the injuries or damage. So, the plaintiff must prove that the driver’s failure to stop fully at the stop sign caused the accident.
• Damages: The victim must prove that harm or injury resulted from the negligent act. The plaintiff cannot, for example, claim that the accident caused a previously documented injury.

The most common causes of traffic fatalities are speeding, driving under the influence and failing to wear a seat belt. While speeding and driving under the influence are negligent acts, failing to wear a seat belt does not qualify as negligence in Illinois. However, the insurance company may argue that the injuries would be less severe with a seat belt, which could impact compensation.

Illinois’ Modified Comparative Negligence Rule

The modified comparative negligence rule for car accidents in Illinois, or the 51% bar rule, is a special caveat for standard at-fault determinations. With this rule, drivers must be less than 50% at fault to recover any damages from an accident.

What Is the Statute of Limitations for Car Accident Claims?

In Illinois, the car accident statute of limitations for personal injury or wrongful death is two years from the date of the accident or the victim’s death. Concerning vehicular damage, you have up to five years from the date of the accident to file your suit.

The statute of limitations means you should talk with a personal injury lawyer as soon as possible after your accident. If you have a case, this gives your legal team ample time to gather evidence.

What to Do After a Car Accident in Illinois

If you are in an accident, here’s what you should do after:

• Secure the scene: If possible, move any persons and vehicles involved away from traffic. You should check for injuries, call 911 and exchange information — names, addresses and registration numbers — with all the other drivers.
• Document the scene: Take photos and videos of the damage and surrounding areas, and get contact information for any witnesses.
• Call your insurance: When it is safe, inform your insurance company of the accident as soon as possible.
• Avoid assigning or admitting fault: Relay information to police officers and emergency personnel truthfully and factually, but avoid assigning or accepting blame.
• Do not accept cash: If the other driver seeks to settle things with a cash payment rather than going through insurance, do not accept this resolution. Take everything through the proper channels and keep communications through the insurance company.
• Consult a doctor: While you may not feel an injury immediately after a car accident, it’s best to schedule a visit with your doctor as soon as possible after the accident to document your symptoms and injuries and establish a treatment plan and recovery schedule.
• Contact an accident attorney: If any injuries are involved, even minor ones, or the fault for the accident is unclear, you should reach out to an accident lawyer to review your case. You can also contact a lawyer if your insurance company denies your claim or you need help negotiating appropriate compensation.

Contact the Law Offices of Argionis & Associates, LLC for Legal Assistance After a Car Accident

Car accident laws in Illinois can be complex. When you need a persistent and passionate team behind you, the Law Offices of Argionis & Associates, LLC will be there for you. We operate on contingency, which means there is no fee unless we win.

If you’ve been in a car accident, contact our team for a free case consultation.

George Argionis

George Argionis has over 20 years of experience in handling cases involving auto collisions, premises injuries, medical malpractice, product liability, construction-related and work-related injuries. He has dedicated his career to helping restore lives both emotionally and economically.