How to File a Car Insurance Claim in Illinois: Complete Guide (2026)

# How to File a Car Insurance Claim in Illinois

> **KEY TAKEAWAYS:**
> – Illinois is a **fault state** — the at-fault driver’s insurance pays
> – **50% fault bar** (changed from 51% in 2023) — at 50%+ fault, you recover nothing
> – Report to IDOT within **10 days** if $1,500+ damage
> – Statute of limitations: **2 years PI**, **5 years PD**
> – Minimum insurance: **25/50/20**

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## Step-by-Step: Filing Your Claim

### Step 1 — File an Accident Report
If damage exceeds **$1,500** (Illinois’s threshold is higher than most states) or anyone was injured, report to IDOT within 10 days.

### Step 2 — Contact Your Insurance Company
Notify your insurer promptly with accident details, police report number, and documentation.

### Step 3 — Choose Your Claim Path
1. **File with your own insurer** (first-party) — faster, you pay deductible
2. **File with at-fault driver’s insurer** (third-party) — no deductible, may take longer
3. **File a lawsuit** — 2-year PI / 5-year PD deadlines

### Step 4 — Work with the Adjuster
The adjuster reviews the police report, inspects damage, assesses fault, and calculates the settlement.

**Critical under the 50% bar:** Fault determination decides whether you recover anything. At exactly 50%, you get nothing.

### Step 5 — Review, Negotiate, Accept or Dispute
Compare the offer to your damages. If unsatisfied, file a complaint with the **Illinois Department of Insurance** or consult an attorney.

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## The 50% Fault Bar

Since 2023, Illinois uses a **50% bar** (735 ILCS 5/2-1116):

| Your Fault | Recovery on $100K |
|————|——————-|
| 30% | $70,000 |
| 49% | $51,000 |
| **50%** | **$0** |

This is stricter than the old 51% rule and matches Georgia’s bar.

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## Illinois-Specific Features

### Dram Shop Act
If a drunk driver hit you, Illinois’s **Dram Shop Act** (235 ILCS 5/6-21) may allow you to pursue the establishment that served them. This provides an additional source of recovery beyond the driver’s insurance.

### UM/UIM Coverage
Illinois requires UM/UIM matching your liability limits unless you rejected it in writing. This protects against uninsured drivers.

### 5-Year Property Damage SOL
Illinois’s PD deadline is the longest among the 10 states on this site — giving more time for property damage claims.

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## Frequently Asked Questions

### How does the 50% bar affect my claim?
At exactly 50% fault, you recover nothing. Before 2023, a 50/50 split still allowed recovery.

### What is the reporting threshold?
**$1,500** — higher than most states. Accidents under this amount do not require a DMV report, though a police report is still recommended.

### Can I sue a bar that served a drunk driver?
Potentially, under the **Dram Shop Act**. This can provide significant additional recovery.

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## Related Guides

– [What to Do After a Car Accident in Illinois](/illinois/car-accident-guide/)
– [Do You Need a Lawyer After a Car Accident in Illinois?](/illinois/do-i-need-a-lawyer/)
– [Illinois Car Accident Laws](/illinois/car-accident-laws/)

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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. Insurance requirements and coverage options vary. Contact your insurance provider or a licensed insurance agent for information specific to your policy. Always consult a licensed attorney in your state for advice specific to your situation. Last updated: March 2026.