This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case.
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Injury · Illinois

Can I sue for a car accident in Illinois?

the short answer

You have two years from the day of the crash to file, and no amount of talking to an insurer extends it. Being partly to blame reduces what you collect, and being more than half to blame ends the claim. The money comes from the other driver's liability insurer, and no injury threshold stands in the way.

source ↗Not yet checked against the statute.

Which law covers a car accident claim in Illinois?

governing statute

735 ILCS 5/13-202

source ↗Not yet checked against the statute.

Is Illinois a no-fault state?

who pays first

Illinois is an at-fault state, so there is no injury threshold to clear before you can sue: the claim is against the driver who caused the crash and their liability insurer, and the medical bills, the lost earnings and the pain and suffering all come from there. Liability cover is compulsory for every driver here. (625 ILCS 5/7-601)

source ↗Not yet checked against the statute.

Across the country. 38 of the 51 states written up answer this the same way as Illinois. Compare every state →

What happens if you were partly at fault for the crash in Illinois?

your share of the fault

You recover unless your share of the fault is greater than everyone else's put together. Fifty percent still recovers, fifty-one recovers nothing, and below the bar the award is cut by your percentage. (735 ILCS 5/2-1116)

source ↗Not yet checked against the statute.

Across the country. 24 of the 51 states written up answer this the same way as Illinois. Compare every state →

How long do you have to sue after a car accident in Illinois?

limit

2 years

source ↗Not yet checked against the statute.

Across the country. 25 of the 51 states written up answer this the same way as Illinois. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →

How much can you sue for in Illinois small claims court?

small claims limit

$10,000

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in Illinois. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy

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