Car accident claims: what to do next in Illinois

Illinois is a fault-based (tort) state. Injured parties may sue the at-fault driver directly without meeting any injury threshold. Illinois follows a modified comparative fault rule: recovery is permitted if the plaintiff is less than 51% at fault, with damages reduced proportionally. Plaintiffs found 51% or more at fault are barred from recovery.

The statute of limitations for personal injury claims from motor vehicle accidents in Illinois is two years from the date of the accident (735 ILCS 5/13-202). Wrongful death actions must be filed within two years of death. Claims against local government entities require a one-year notice period.

Proper venue lies in the county where the accident occurred or where any defendant resides (735 ILCS 5/2-101). Venue transfer motions on forum non conveniens grounds are common when accidents occur downstate but defendants reside in Cook County.

Illinois minimum liability limits are 25/50/20. UM coverage is mandatory and must equal bodily injury liability limits unless waived in writing. UIM coverage is mandatory at 25/50 minimums. Illinois has a moderate uninsured driver rate (~13%); stacking of UM/UIM policies is permitted for multi-vehicle households.