{"id":373050,"date":"2016-10-10T16:43:28","date_gmt":"2016-10-10T21:43:28","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-car-accident-compensation-laws.html"},"modified":"2024-05-22T13:34:56","modified_gmt":"2024-05-22T18:34:56","slug":"illinois-car-accident-compensation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-car-accident-compensation-laws.html","title":{"rendered":"Illinois Car Accident Compensation Laws"},"content":{"rendered":"\n
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Illinois Car Accident Compensation Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most car accidents are minor. If you’re lucky, the biggest bruise is to your ego (and maybe your wallet!). However, there\u2019s a chance you\u2019ll suffer serious bodily injury in your car crash. If this is the case, you\u2019ll need to file a claim with the at-fault driver\u2019s insurance company. If the insurance adjuster doesn\u2019t approve your claim, you\u2019ll have no choice but to file a personal injury lawsuit.<\/p>\r\n

Either way, it\u2019s critical that you understand Illinois’ car accident compensation laws. If you don\u2019t file your claim on time or submit evidence to support it, you could walk away with nothing.<\/p>\r\n

This article will discuss the relevant Illinois car accident laws and how they can impact your case. It will also explain how Illinois law affects the amount of money you can recover in your personal injury claim. <\/p>\r\n

If you still have questions about your injury claim, contact an experienced Illinois car accident lawyer<\/a>. <\/p>\r\n

Illinois Car Accident Compensation Laws at a Glance<\/b><\/h2>\r\n

Check out the table below for more information on Illinois Car Accident Compensation Laws.<\/p>\r\n\r\n

Statute of Limitations<\/p>\r\n<\/th>\r\n

Two years for personal injury lawsuits (735 Ill. Comp. Stat. 5\/13-202<\/a>)<\/p>\r\n

Five years for property damage lawsuits (735 Ill. Comp. Stat. 5\/13-205<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Limits on Damages<\/p>\r\n<\/th>\r\n

There is no cap on damages. In 2010, the Illinois courts held that the cap was unconstitutional. (LeBron v. Gottlieb Memorial Hospital<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Other Limits<\/p>\r\n<\/th>\r\n

Modified comparative fault can prevent or limit recovery, depending on the driver’s percentage of fault for the accident. (735 Ill. Comp. Stat. 5\/2-1116<\/a>)<\/p>\r\n

There is a cap of $100,000 on claims you file against the State of Illinois (735 Ill. Comp. Stat. 505\/8<\/a>)<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

At Fault and Modified Comparative Fault Rules in Illinois<\/b><\/h2>\r\n

Most states, including Illinois, employ at-fault rules for car accident claims. To recover damages, you must prove that the other driver caused the crash and that they were negligent.<\/p>\r\n

To prove negligence<\/a>, your car accident attorney must show the following:<\/p>\r\n