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Car Accident Laws in Illinois

Written by Jared Staver

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Jared Staver is a Personal Injury Lawyer based in Chicago, Illinois and has been practicing law for over 20 years.

Jared Staver

CATEGORY: Auto Accidents, Personal Injury


In rare circumstances, you may be in a small car accident that is quickly handled between you and the other driver. Whether you are compensated through insurance or the driver pays out of pocket, you get what you need to repair your car and take care of any medical bills you accumulated. Unfortunately, the simple car accident is rare.

Many collisions lead to complex questions regarding whether any laws were broken and who was at fault. When you are faced with a complicated journey after a crash, you should work with a attorney from Staver Accident Injury Lawyers, P.C. We can guide you through the Illinois car accident laws relevant to your situation and help you recover for your injuries. Call us today at (312) 236-2900.

Illinois Car Insurance Requirements

One of the first questions that arises after a car accident is whether all of the drivers involved in the crash have the proper auto insurance. Drivers who live in Illinois should have the minimum $20,000 property and $25,000/$50,000 bodily injury coverage. Drivers who are visiting Illinois should have insurance that complies with the state in which their vehicles are registered.

If one or more of the drivers involved in the collision do not have the proper insurance, they will receive tickets for violating Illinois law. This should also raise red flags for you. If the driver or drivers who caused the accident do not have any or enough auto insurance, you will need to speak with an attorney about how you can recover for your damages.

Illinois Hit and Run Law

Illinois law requires that you stop if you are involved in an accident. While you will be in quite a bit of trouble if you leave the scene of an accident, your bigger worry is when the driver who crashed into you drives away. If you were the victim of a hit and run, call an attorney right away. You may need help tracking down the other driver or filing a claim on your uninsured motorist policy.

Comparative Fault in Illinois

It is not always clear who is at fault for a car accident, and matters can become even more complicated when you and another driver are both partially responsible for the crash. Illinois follows a modified comparative negligence rule when it comes to recovery during a personal injury claim. You are entitled to recover damages so long as you are less than 50 percent responsible for the accidents that caused your injuries. However, if you are at all responsible, your compensation can be diminished by the percentage you are deemed at fault for the crash. For instance, if the insurance company finds you are 30 percent responsible for the accident and the other driver is 70 percent at fault, the insurer may offer to pay for only 70 percent of your damages.

If another driver or insurer claims you are partially or mostly at fault for a collision, call an attorney immediately. You may have a long fight ahead of you to prove that you were not responsible or only at fault a small amount.

Time Limitations on Making a Claim

You do not have all of the time in the world to file a personal injury claim based on a collision that caused your injuries. Illinois has a two year statute of limitations on personal injury claims, which means you have two years from the date of the accident to begin the proceedings in court.

If you were in a car accident and after months or a year you have yet to recover, call Staver Accident Injury Lawyers, P.C. right away. We will investigate your situation and help you file your claim before you run out of time.

Contact Staver Accident Injury Lawyers, P.C. Today

Many Illinois laws affect how you should handle a car accident and may influence the outcome of an insurance claim or personal injury lawsuit. If you were injured in a collision, you should call the personal injury lawyers and attorneys at Staver Accident Injury Lawyers, P.C. at (312) 236-2900 to schedule a free consultation. We will go over your situation with you and help you determine the best next steps.

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(312) 236-2900
(312) 236-2900