What to Do, How Claims Work, and How Compensation Is Determined
Quick Answer: Illinois Car Accident Claims
An Illinois car accident claim is the legal and insurance process used to recover compensation after a motor vehicle collision, including medical expenses, lost income, property damage, and pain and suffering. While the rules governing car accident claims apply statewide, the process often involves local police reports, nearby medical providers, and Illinois courts. For many accident victims, especially those in Central Illinois and McLean County, understanding how insurance claims are evaluated is a critical first step after a crash.
Introduction
Car accidents occur every day across Illinois—from minor collisions to catastrophic crashes that permanently change lives. While the steps after a crash may seem straightforward, Illinois negligence law, insurance coverage rules, deadlines, and evidentiary requirements often make car accident claims more complex than people expect.
This guide explains:
What to do after a crash
How Illinois car accident claims work
What damages may be available
How fault and insurance affect recovery
How claims typically proceed in McLean County
If you or a loved one were injured, speaking with an experienced personal injury lawyer early can help protect your rights and avoid costly mistakes.
What to Do After a Car Accident in Illinois
1. Get Medical Care Immediately
Your health is the top priority. Even if injuries appear minor, conditions such as concussions, soft-tissue injuries, or internal trauma may not be immediately apparent. Medical records are also critical evidence in establishing damages and causation in an Illinois negligence claim.
2. Contact Law Enforcement
Illinois law requires reporting accidents involving injury or significant property damage. Police reports often document:
The date, time, and location of the crash
Parties and vehicles involved
Initial observations related to fault and liability
3. Document the Scene
If you are able:
Take photographs or video of vehicles, damage, skid marks, and roadway conditions
Obtain witness contact information
Preserve dashcam or phone footage
4. Use Caution When Speaking With Insurance Companies
Insurance adjusters often request recorded statements shortly after a crash. These statements may later be used to dispute liability or minimize damages. Consulting a car accident lawyer before providing detailed statements can help protect your claim.
The steps you take immediately after a crash can affect both your safety and the strength of any future claim. For a practical, step-by-step breakdown of what to do at the scene and in the days following a collision, see our guide on what to do after a car accident in Illinois.
Insurance companies often begin evaluating a claim within days of a crash. Their analysis focuses heavily on medical documentation, statements, and fault arguments — a process we explain in more detail in our article on how insurance companies evaluate injury claims.\
How Illinois Car Accident Insurance Claims Work
In Illinois, most cases start as an insurance claim. You (or your lawyer) gather records, submit a demand, negotiate, and only file a lawsuit if the insurer disputes fault, medical causation, or the value of damages.
The Typical Process
Accident and medical treatment
Investigation and evidence collection
Insurance claim submission
Settlement negotiations
Litigation, if necessary
While many claims resolve without trial, insurers rarely offer full and fair compensation early—especially when liability or the extent of injuries is disputed.
Illinois Statute of Limitations for Car Accident Claims
The General Two-Year Rule
Under Illinois law, most car accident–related personal injury claims must be filed within two years from the date of the accident, pursuant to 735 ILCS 5/13-202. Courts strictly enforce this deadline, as illustrated in Kaufman v. Taub, 87 Ill. App. 3d 134 (1980).
If a lawsuit is not filed within the applicable limitations period, the claim is typically barred permanently, regardless of its merits.
Important One-Year Deadlines for Government-Related Claims
In some situations, the statute of limitations is significantly shorter than two years.
Claims Against Local Government Entities or Employees
If a car accident involves a local public entity (such as a city, county, municipality, police department, or public employee acting within the scope of employment), the claim must generally be filed within one year.
This shortened deadline is established by the Illinois Local Governmental and Governmental Employees Tort Immunity Act, specifically:
745 ILCS 10/8-101
Under this statute, actions against local governmental entities or their employees must be commenced within one year from the date the injury was received or the cause of action accrued.
Claims Against the State of Illinois
Claims against the State of Illinois or certain state agencies are governed by a separate process and must be filed in the Illinois Court of Claims, not circuit court.
Under 705 ILCS 505/22-1, many claims against the State must be filed within one year of accrual.
Why These Shorter Deadlines Matter
Government-involved car accident cases can arise more often than people realize, including accidents involving:
City or county vehicles
Public transit vehicles
Road maintenance or snow removal vehicles
Law enforcement vehicles
Because the applicable deadline may be one year instead of two, identifying the correct defendant early is critical.
Limited Exceptions
Certain exceptions may apply in specific circumstances, including:
Claims involving minors
Limited delayed-discovery scenarios
However, exceptions are narrowly applied, and relying on them is risky. Prompt legal review is strongly advised.
Illinois Comparative Negligence Rule
Illinois follows a modified comparative negligence system.
You may recover damages if you are 50% or less at fault
Your recovery is reduced by your percentage of fault
If you are more than 50% at fault, recovery is barred
This rule has been reaffirmed in cases such as Hassard v. DS Retail, LLC, 2023 IL App (4th) 220687, and Wayer v. State, 2014 Ill. Ct. Cl. LEXIS 23.
Example:
If total damages are $100,000 and you are found 20% at fault, your recoverable damages are reduced to $80,000.
Because fault allocation directly affects compensation, evidence and legal strategy play a major role in Illinois car accident claims.
What Damages Are Available After a Car Accident?
Economic Damages
Medical expenses (past and future)
Lost wages
Loss of earning capacity
Property damage
Non-Economic Damages
Pain and suffering
Emotional distress
Loss of normal life
Disability or disfigurement
Fatal Accidents
When a crash results in death, surviving family members may pursue a wrongful death claim under Illinois law.
Insurance Coverage That May Apply
Multiple insurance policies may be involved in Illinois car accident claims, including:
Liability Insurance
The at-fault driver’s bodily injury liability coverage is typically the primary source of recovery.
Uninsured / Underinsured Motorist Coverage (UM/UIM)
If the at-fault driver lacks sufficient insurance, your own UM/UIM coverage may apply. Illinois courts have addressed coverage disputes in cases such as Sweis v. Founders Ins. Co., 2017 IL App (1st) 163157.
Medical Payments (MedPay)
MedPay may provide immediate payment for medical expenses regardless of fault and may interact with other coverage, as discussed in Goldstein v. Grinnell Select Ins. Co., 2016 IL App (1st) 140317.
Understanding how these coverages interact under Illinois law can significantly affect total recovery.
Wrongful Death Claims in Illinois Car Accidents
Wrongful death claims must be brought by the personal representative of the deceased person’s estate and are subject to specific procedural requirements under Illinois law. Damages may include:
Loss of financial support
Loss of companionship and society
Funeral and burial expenses
These claims follow different legal rules than standard personal injury cases and require careful handling.
How Long Do Illinois Car Accident Claims Take?
The timeline varies based on:
Severity of injuries
Duration of medical treatment
Insurance disputes over liability or damages
Whether litigation becomes necessary
Serious injury cases often take longer to ensure future medical needs and long-term damages are fully evaluated.
How This Often Works in McLean County
While Illinois law governs statewide, local practices matter.
In McLean County, car accident claims commonly involve:
Reports from Bloomington Police, Normal Police, or the McLean County Sheriff’s Office
Medical records from local hospitals and treatment providers
Scheduling and procedural practices specific to the McLean County Circuit Court
Insurance carriers are familiar with these local patterns, which can influence claim handling and settlement negotiations.
Common Mistakes That Can Hurt Your Claim
Delaying or skipping medical treatment
Posting about the accident on social media
Giving recorded statements without legal guidance
Accepting early settlement offers that undervalue claims
Waiting too long to seek legal advice
Early settlement offers are often significantly lower than the true value of a claim, especially when medical treatment is ongoing or liability is disputed.
Do I Need a Lawyer for an Illinois Car Accident Claim
Working with a personal injury lawyer who understands Illinois law — and who regularly handles claims involving local insurers, medical providers, and courts — can make a meaningful difference in the outcome of a car accident claim. This is especially true for accident victims in Central Illinois, including McLean County, where local procedures and documentation often affect how claims are evaluated and resolved.
A personal injury lawyer can:
Manage insurance communications
Preserve and present evidence
Accurately calculate damages
Negotiate or litigate for fair compensation
Frequently Asked Questions
How long do I have to file a car accident claim in Illinois?
In most cases, you have two years from the date of the accident to file a personal injury lawsuit.
However, some claims must be filed within one year, including:
Claims against local government entities or employees (745 ILCS 10/8-101)
Claims against the State of Illinois, which are typically filed in the Court of Claims (705 ILCS 505/22-1)
Because the correct deadline depends on who may be legally responsible, it is important to identify all potential defendants early.
Can I recover damages if I was partially at fault?
Yes, as long as you are 50% or less at fault, though your recovery is reduced proportionally.
What if the other driver has no insurance?
You may be able to recover through uninsured motorist coverage under your own policy.
Will my case go to court?
Most cases resolve through settlement, but litigation may be necessary if liability or damages are disputed.
Speak With a Car Accident Lawyer About Your Claim
If you were injured in a car accident in Illinois, waiting can be costly, especially if a government entity may be involved.
A knowledgeable car accident lawyer can:
Identify all potentially responsible parties
Determine the correct statute of limitations
Preserve evidence
Protect your right to full compensation