Illinois Car Accident Laws: Everything You Need to Know (2026)

# Illinois Car Accident Laws: Everything You Need to Know

> **AT A GLANCE:**
> – **System:** Fault state
> – **Comparative fault:** Modified 50% bar (changed from 51% in 2023)
> – **Statute of limitations:** 2 years PI, 5 years PD
> – **Minimum insurance:** 25/50/20
> – **DMV report threshold:** $1,500 (higher than most states)
> – **Annual accidents:** ~320,000

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## Illinois’s Comparative Fault Rule — The 2023 Change

Illinois made a significant change in 2023 under **Public Act 102-0489**: the comparative fault rule shifted from **modified 51%** to **modified 50%** (735 ILCS 5/2-1116).

### What Changed

| Before 2023 | After 2023 |
|————-|———–|
| Recover if fault ≤ 50% | Recover if fault ≤ **49%** |
| 50/50 fault split = recovery | **50/50 fault split = NO recovery** |
| Barred at 51%+ | **Barred at 50%+** |

### Why This Matters

At exactly **50% fault**, Illinois plaintiffs now recover **nothing**. Before 2023, they could still recover (reduced by 50%).

**Comparison to other states:**
– **Texas/Florida (51% bar):** Recover at 50% fault
– **Illinois/Georgia (50% bar):** No recovery at 50% fault
– **California/New York (pure comparative):** Recover at any fault level

Illinois’s rule is now as strict as Georgia’s, making fault determination a critical factor in every claim.

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## Statute of Limitations

| Claim Type | Deadline |
|————|———-|
| Personal injury | **2 years** (735 ILCS 5/13-202) |
| Property damage | **5 years** (735 ILCS 5/13-205) |
| Wrongful death | 2 years from date of death |
| Government entity | 1 year |

**Notable:** Illinois’s **5-year property damage** statute of limitations is the longest among the 10 states on this site. However, the 2-year PI deadline is standard.

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## Minimum Insurance Requirements

| Coverage | Minimum |
|———-|———|
| Bodily Injury per Person | $25,000 |
| Bodily Injury per Accident | $50,000 |
| Property Damage | $20,000 |
| UM/UIM | 25/50/20 (matches liability minimums) |

**Key:** Illinois requires **UM/UIM coverage** matching your liability limits unless you specifically reject it in writing.

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## Accident Reporting

| Requirement | Detail |
|————-|——–|
| Reporting threshold | **$1,500** (higher than most states) |
| Deadline | **10 days** |
| Filed with | Illinois Department of Transportation (IDOT) |
| Police report | Required for injuries; recommended for all |

Illinois’s $1,500 threshold is the highest among the 10 states covered here (most states use $500-$1,000).

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## Key Illinois-Specific Rules

### No PIP Requirement

Illinois is a traditional **fault/tort state**. There is no PIP requirement. Medical bills are covered through:
– The at-fault driver’s liability insurance
– Your health insurance
– MedPay (optional but recommended)
– UM/UIM coverage if the at-fault driver is uninsured

### Seat Belt Law

Illinois requires seat belt use. While seat belt non-use is **not admissible** as evidence of negligence in a personal injury case (625 ILCS 5/12-603.1), it can affect your safety and injury severity.

### Distracted Driving

Illinois prohibits handheld phone use while driving (625 ILCS 5/12-610.2). Violations are a moving offense and can affect fault determination in an accident.

### Dram Shop Liability

Illinois has a **Dram Shop Act** (235 ILCS 5/6-21) allowing victims to sue establishments that served alcohol to a visibly intoxicated driver who later caused an accident. This creates an additional source of recovery beyond the driver’s insurance.

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## How Comparative Fault Works in Practice

### The 50% Bar

| Your Fault | $100K Damages | Recovery |
|————|—————|———-|
| 20% | $100,000 | $80,000 |
| 40% | $100,000 | $60,000 |
| 49% | $100,000 | $51,000 |
| **50%** | $100,000 | **$0** |
| 60% | $100,000 | **$0** |

### Multiple Defendants

In accidents with multiple parties, Illinois applies fault allocation among all defendants. Joint and several liability rules apply under certain conditions (735 ILCS 5/2-1117), meaning a defendant 25% or more at fault can be held responsible for all medical expenses.

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## How Illinois Compares

| Factor | Illinois | Texas | California | New York |
|——–|———-|——-|————|———-|
| System | Fault | Fault | Fault | No-fault |
| Comparative fault | Modified 50% | Modified 51% | Pure | Pure |
| PI SOL | 2 years | 2 years | 2 years | 3 years |
| PD SOL | **5 years** | 2 years | 3 years | 3 years |
| Min BI | 25/50 | 30/60 | 30/60 | 25/50 |
| Report threshold | **$1,500** | $1,000 | $1,000 | $1,001 |

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## Frequently Asked Questions

### What changed about Illinois’s fault rule in 2023?
Illinois shifted from a **modified 51% bar** to a **modified 50% bar**. At exactly 50% fault, plaintiffs can no longer recover — previously they could.

### How long do I have to file in Illinois?
**2 years** for personal injury, **5 years** for property damage. Illinois has the longest PD statute of limitations among the 10 states on this site.

### Does Illinois require PIP?
No. Illinois is a fault/tort state with no PIP requirement. Medical bills are covered through liability insurance, health insurance, or optional MedPay.

### What if a bar served the drunk driver who hit me?
Illinois’s **Dram Shop Act** may allow you to pursue the establishment that served alcohol to the driver. This can provide additional recovery beyond the driver’s insurance.

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## Related Guides

– [What to Do After a Car Accident in Illinois](/illinois/car-accident-guide/)
– [How to File an Insurance Claim in Illinois](/illinois/insurance-claim/)
– [Do You Need a Lawyer After a Car Accident in Illinois?](/illinois/do-i-need-a-lawyer/)

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**DISCLAIMER:** This website is not a law firm and does not provide legal advice. This page provides general educational information only. Laws vary by state and change frequently. Always consult a licensed attorney in your state for advice specific to your situation. Last updated: March 2026.