Is Illinois a No-Fault Car Accident State?
No, Illinois is not a no-fault car accident state. Illinois follows an at-fault (tort) insurance system, meaning the driver who caused the crash is responsible for paying damages. To recover compensation, injured victims must typically prove the other driver’s negligence. Illinois also applies a modified comparative negligence rule (the 51% rule), which can reduce or eliminate compensation depending on your percentage of fault.
If you were injured in a crash in Chicago or anywhere in Illinois, understanding these rules can make a major difference in how your claim is handled and how much compensation you may be able to recover.
Key Takeaways: Illinois Car Accident Laws (Quick Summary)
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Illinois is an at-fault (tort) state, not a no-fault state.
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You usually file a claim against the at-fault driver’s insurance.
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Illinois follows modified comparative negligence (51% rule).
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You can recover damages only if you are 50% or less at fault.
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Most injury lawsuits must be filed within 2 years of the accident.
What Is a No-Fault Car Accident State?
A no-fault state is a state where drivers usually file injury claims with their own insurance company, regardless of who caused the accident. In no-fault states, drivers often rely on Personal Injury Protection (PIP) coverage to pay for medical bills and lost wages.
No-fault systems are intended to reduce lawsuits and speed up medical payments, but they often limit the ability to sue unless injuries meet a serious threshold.
Illinois is not a no-fault state and does not require PIP.
For more background on no-fault auto insurance systems, see the Insurance Information Institute’s explanation of auto insurance coverage.
Illinois Is an At-Fault (Tort) Car Accident State
Illinois follows a fault-based auto insurance system, meaning the driver who caused the crash can be held responsible for damages. This includes both financial losses and non-economic damages such as pain and suffering.
After a crash, injured victims typically pursue compensation by filing a claim against the other driver’s liability insurance.
If you were hurt, you may benefit from speaking with an experienced Chicago car accident lawyer who can investigate the crash, gather evidence, and protect you from insurance company tactics.
You can also learn more about our broader representation in serious injury matters on our personal injury practice area page.
How Fault Is Proven in an Illinois Car Accident Claim
To recover compensation, you must generally prove the other driver was negligent. Negligence requires showing four elements:
1. Duty of Care
Drivers have a duty to operate their vehicles safely and follow traffic laws.
2. Breach of Duty
The driver violated that duty by acting carelessly, such as speeding, texting, or driving under the influence.
3. Causation
The unsafe behavior caused the crash.
4. Damages
You suffered injuries or financial losses as a result.
Evidence used to prove fault may include:
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Police accident reports
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Photos and videos from the scene
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Dashcam or surveillance footage
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Eyewitness statements
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Medical records
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Cell phone records (in distracted driving cases)
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Accident reconstruction analysis
Common Illinois Car Accidents That Lead to Injury Claims
Illinois car accident claims often involve specific crash types that create predictable fault patterns, including:
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Commercial vehicle crashes and truck accidents
Fault is not always obvious, and insurance companies frequently dispute liability to reduce what they pay.
Illinois Modified Comparative Negligence Law (51% Rule)
Illinois uses a modified comparative negligence system under 735 ILCS 5/2-1116.
This rule means:
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You can recover compensation if you are 50% or less at fault
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You cannot recover compensation if you are 51% or more at fault
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Your compensation is reduced by your percentage of fault
Example of How the Rule Works
If your total damages are $200,000 but you are found 25% at fault, your compensation would be reduced by 25%, meaning you could recover $150,000.
This law is one of the main reasons insurance companies try to shift blame onto injured victims.
What Damages Can You Recover After a Car Accident in Illinois?
If another driver caused your accident, you may be able to recover compensation for:
Economic Damages
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Emergency medical care
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Hospital bills and surgeries
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Physical therapy and rehabilitation
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Prescription medication
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Lost wages
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Reduced future earning ability
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Vehicle damage and repair costs
Non-Economic Damages
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Pain and suffering
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Emotional distress
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Loss of enjoyment of life
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Disability or permanent impairment
Severe accidents can cause long-term or permanent harm. If your injuries are life-changing, you may want to review our page on catastrophic injuries after auto accidents.
Illinois Minimum Auto Insurance Requirements
Illinois drivers must carry liability insurance in at least the following amounts:
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$25,000 per person for bodily injury or death
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$50,000 per accident for bodily injury or death
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$20,000 per accident for property damage
(625 ILCS 5/7-203)
These minimum limits can be exhausted quickly in serious crashes. If the at-fault driver has minimal coverage, additional legal strategies may be necessary.
What If the At-Fault Driver Doesn’t Have Enough Insurance?
If the at-fault driver is uninsured or underinsured, you may still have options, including:
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Filing an uninsured/underinsured motorist claim through your own policy
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Investigating whether a third party is liable (employer, vehicle owner, manufacturer)
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Filing a lawsuit against the at-fault driver personally
These situations can become legally complex, especially when serious injuries are involved.
How Long Do You Have to File a Car Accident Lawsuit in Illinois?
In most cases, the Illinois statute of limitations for personal injury claims is two years from the date of the accident under 735 ILCS 5/13-202.
If you miss the deadline, you may lose your right to recover compensation entirely.
Even if you plan to settle, waiting too long can weaken your case because evidence may disappear and witnesses may become harder to locate.
Pedestrian Accidents and Right-of-Way Issues in Illinois
Illinois follows the same fault-based rules in pedestrian accident cases. However, right-of-way disputes are common, especially in crosswalk or intersection crashes.
If you are unsure how pedestrian laws affect liability, see our guide on whether pedestrians always have the right of way.
Speed is also a major cause of serious collisions. Our article on how speed limits are set and why that matters explains how speed-related evidence can impact fault.
What to Do After a Car Accident in Illinois
If you were injured in a crash, taking the right steps early can protect your claim:
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Call police and request an accident report
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Seek medical attention immediately
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Take photos of vehicle damage, injuries, and road conditions
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Get contact information for witnesses
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Avoid giving recorded statements to insurance adjusters
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Keep records of medical care, missed work, and expenses
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Speak with an attorney before accepting a settlement
Even seemingly minor crashes can lead to delayed symptoms and long-term injuries.
Frequently Asked Questions (Illinois No-Fault vs. At-Fault)
Is Illinois a no-fault state for car accidents?
No. Illinois is not a no-fault state. Illinois uses an at-fault system, meaning the driver who caused the crash is responsible for damages.
Do I file my car accident claim with my own insurance company in Illinois?
Usually no. In most cases, you file a claim with the at-fault driver’s insurance company, not your own.
What is the 51% rule in Illinois car accident claims?
The 51% rule refers to Illinois modified comparative negligence law. You can recover damages if you are 50% or less at fault, but you cannot recover anything if you are 51% or more responsible.
Can I recover pain and suffering in Illinois?
Yes. Because Illinois is an at-fault state, injured victims can seek pain and suffering damages in addition to medical bills and lost wages.
Does Illinois require Personal Injury Protection (PIP)?
No. Illinois does not require PIP coverage, which is commonly required in no-fault states.
How long do I have to file a car accident lawsuit in Illinois?
In most cases, you have two years from the date of the accident to file a personal injury lawsuit.
What if the other driver blames me for the accident?
If the other driver blames you, your compensation may be reduced under Illinois comparative negligence rules. Insurance companies often use blame disputes to reduce settlement offers.
Can I still recover compensation if I was partly at fault?
Yes. You may still recover compensation if you were partly at fault, as long as you are not more than 50% responsible for the crash.
Speak With a Chicago Car Accident Attorney
Illinois car accident cases are rarely as simple as they should be. Insurance companies may delay claims, dispute fault, or undervalue injuries—especially when medical treatment is ongoing.
At McHargue & Jones, LLC, we represent injury victims across Chicago and throughout Illinois and fight for full compensation after serious crashes.
To learn more about accident claims and legal options, visit our car accident practice area or contact our office for a free consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
