Illinois Car Accident Statute of Limitations (2026)
Car accident claims · Deadlines to file
Written by
Settlement Scout editorial team
Checked against
official sources, linked
Key takeaways
General information, not legal advice. Illinois gives you 2 years to file a car accident injury lawsuit against a private driver, under 735 ILCS 5/13-202. If a city, county or other local government was involved, the deadline to sue drops to 1 year. Your deadline can be shorter or longer depending on the facts: minors, a government defendant, the discovery rule, and other tolling rules. Confirm it with a licensed attorney in Illinois.
On this page
This guide, at a glance
The general rule: 2 years for injuries
Damage to your car: 5 years
Illinois's 51% fault bar
How we checked this guide
We wrote this from the 5 sources listed under “Article sources” below, and last reviewed it on Sep 27, 2026. Where we could not confirm a figure against an official source, the page says so.
Why you can trust Settlement Scout
Every figure comes from a source we link, and we say when we last checked it. We are not a law firm or a government agency, and no partner can pay to change what we write. Read our editorial policy.
The general rule: 2 years for injuries
735 ILCS 5/13-202 says "Actions for damages for an injury to the person ... shall be commenced within 2 years next after the cause of action accrued." For a car accident, the claim usually accrues on the day of the crash.
Damage to your car: 5 years
A claim "to recover damages for an injury done to property, real or personal" must be commenced within 5 years under 735 ILCS 5/13-205. If you were hurt as well, don't let the longer property period distract you from the 2-year injury deadline.
Government vehicles: 1 year
- Local government (a city, county, park district, school district, transit agency or their employees): "No civil action ... may be commenced in any court against a local entity or any of its employees for any injury unless it is commenced within one year from the date that the injury was received or the cause of action accrued" (745 ILCS 10/8-101(a)).
- The State of Illinois: claims are heard in the Court of Claims, and for a personal injury you must file a written notice with the Attorney General and the Clerk of the Court of Claims within 1 year (705 ILCS 505/22-1).
Illinois's 51% fault bar
Under 735 ILCS 5/2-1116, you are barred from recovering if your fault is "more than 50% of the proximate cause of the injury or damage." At 50% or less, your damages are reduced by your share of fault.
Minors and other tolling
Illinois, like most states, has rules that can pause the clock for an injured child or move the start date when an injury is discovered later (the discovery rule). How these apply, especially to a claim against a government body, depends on the facts. Confirm with a licensed Illinois attorney rather than assuming you have extra time.
Quick reference
| Situation | Deadline | Statute | Last checked |
|---|---|---|---|
| Injury claim against a private driver | 2 years after the claim accrues | 735 ILCS 5/13-202 | 2026-09-27 |
| Vehicle or property damage | 5 years after the claim accrues | 735 ILCS 5/13-205 | 2026-09-27 |
| Suit against a local government or its employee | 1 year from the injury | 745 ILCS 10/8-101(a) | 2026-09-27 |
| Injury claim against the State (Court of Claims) | Written notice within 1 year | 705 ILCS 505/22-1 | 2026-09-27 |
| Your share of fault | Recovery barred above 50%; reduced at 50% or less | 735 ILCS 5/2-1116 | 2026-09-27 |
See every state's deadline on our car accident claim deadline by state page.
Wondering if you still have time to file? Check my claim, free
Settlement Scout is not a law firm, and this page is general information, not legal advice. Confirm your deadline with a licensed attorney in Illinois.
Frequently asked questions
How long do I have to file a car accident lawsuit in Illinois?
Generally 2 years for an injury claim against a private driver. Under 735 ILCS 5/13-202, actions for 'an injury to the person' must be 'commenced within 2 years next after the cause of action accrued.' The facts of your case can change this, so confirm it with a licensed Illinois attorney.
What about damage to my car?
A claim for damage to property is generally subject to a 5-year period under 735 ILCS 5/13-205. If you were also hurt, the 2-year injury deadline is the one to watch.
What if a city, county or other local government vehicle hit me?
Illinois gives you only 1 year to sue a local entity or its employees, under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101(a)). Claims against the State of Illinois go to the Court of Claims, and for an injury you must file a written notice with the Attorney General and the Clerk of the Court of Claims within 1 year (705 ILCS 505/22-1). Treat either as urgent.
Does Illinois reduce my recovery if I was partly at fault?
Yes. Under 735 ILCS 5/2-1116, you are barred from recovering if your fault is 'more than 50% of the proximate cause' of the injury. At 50% or less, your damages are reduced by your share of fault.
Does settling with an insurance company pause the Illinois deadline?
No. Ongoing claim negotiations do not pause the statute of limitations.
Article sources
- 735 ILCS 5/13-202 (Official, Illinois General Assembly) (2026)
- 735 ILCS 5/13-205 (Official, Illinois General Assembly) (2026)
- 745 ILCS 10/8-101 (Official, Illinois General Assembly) (2026)
- 705 ILCS 505/22-1 (Official, Illinois General Assembly) (2026)
- 735 ILCS 5/2-1116 (Official, Illinois General Assembly) (2026)
About the authors
Settlement Scout editorial team
We write from official sources (state agencies, legislatures and insurers' own pages) and link each one. We are not a law firm and this is not legal advice.
Editorial policyHow this site is paid for
Participating law firms and legal marketing companies pay us a fee when a visitor opts in to be connected with them. They cannot pay to change what a guide says.
How we make moneyDive even deeper in car accident claims
All car accident claims guides
Settlement ScoutCalifornia Car Accident Statute of Limitations (2026)California gives you 2 years to sue after a car accident injury, but only 6 months to file a claim against a government agency. Here's the exact law.Settlement ScoutFlorida Car Accident Statute of Limitations (2026)Florida shortened its car accident injury deadline to 2 years in 2023. Here's the exact law, the cutoff date, and the government-claim exception.Settlement ScoutTexas Car Accident Statute of Limitations (2026)Texas gives you 2 years to sue after a car accident (Civ. Prac. & Rem. Code §16.003), but only 6 months to notify a government body if one was involved. Checked against the official Texas statutes.Settlement Scout