The statute of limitations for car accidents in Illinois is 2 years, meaning Illinois residents have 2 years from the date of their car accident to bring a lawsuit.
This law applies to anyone involved in the accident, not just the driver, meaning passengers, pedestrians, bicyclists, motorcyclists, etc. are also subject to the two year deadline.
Use our legal checklist to learn what to do after an accident and understand key legal considerations for recovering financial compensation.
About the Illinois Statute of Limitations for Car Accidents
The Illinois Statute of Limitations for personal injury claims sets a time limit for individuals to file a lawsuit after an incident occurs. In Illinois, the statute of limitations for car accident claims is generally two years from the date of the accident, as outlined in the Illinois Compiled Statutes, section 735 ILCS 5/13-202. It means that if you fail to file a lawsuit within this two-year period, you won’t be able to file a claim and recover compensation. However, there are some exceptions to the deadline.
Exceptions to the Statute of Limitations for Car Accidents in Illinois
While the two-year limit is the general rule, certain circumstances can affect the statute of limitations for car accidents in Illinois:
- Discovery rule: The statute of limitations may be extended if the injuries resulting from the accident were not immediately apparent. In such cases, the clock may start ticking from the date of discovering the injury or when it should have reasonably been discovered.
- Minors: If the accident victim is under the age of 18, the statute of limitations may be “tolled” or paused until they reach adulthood. Once they turn 18, the two-year time limit begins.
- Government entities: If the car accident involves a government vehicle or entity, such as a city bus or a state-owned car, special rules apply. It is crucial to consult an attorney to understand the specific limitations and requirements for filing a claim against a government entity
Other Legal Considerations for Filing a Claim
In addition to the statute of limitations, several other legal considerations can impact your car accident claim in Illinois:
- Comparative fault: Illinois follows a modified comparative fault system, meaning that if you are partially at fault for the accident, your compensation may be reduced proportionally. If you are found to be 50% or more at fault, you may be barred from recovering any damages.
- Insurance requirements: Illinois law requires all drivers to carry liability insurance with minimum coverage limits of $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $20,000 for property damage. It’s important to gather relevant insurance information from all parties involved in the accident.
- Evidence collection: Collecting evidence to support your claim is crucial. This includes taking photographs of the accident scene, gathering witness statements, obtaining police reports, and seeking medical treatment and documentation for your injuries.
Get Help from a Car Accident Attorney at Brown & Crouppen Law Firm
Given the complexities of car accident claims, consulting with an experienced car accident attorney is always recommended. An attorney can guide you through the legal process, protect your rights, and help you maximize compensation.
Get started with your case by requesting a free case evaluation online from Brown & Crouppen. Our personal injury attorneys have recovered over $1 billion as a result of accident and injury claims. With locations in Edwardsville / Glen Carbon and Fairview Heights, Illinois, our car accident lawyers are conveniently located to better serve you.
