Is Illinois a no-fault state?

No. Illinois is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.

What is Illinois's fault rule for a car accident?

Illinois follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.

How long do I have to file an injury claim in Illinois?

In Illinois the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

Illinois · Injury claims

Car accident injury claims in Illinois

In Illinois, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in Illinois.

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Illinois at a glance

Fault rule: Modified comparative — 51% bar
No-fault state?: No
Minimum liability coverage: 25/50/20 (625 ILCS 5/7-203) — among the lower PD minimums in our coverage. No PIP mandate; MedPay optional; UM mandatory / UIM required at UM limits. Low PD minimum often exceeded → surface UM/UIM strategy.
Time limit for an injury claim: 2 years

How fault works in Illinois

735 ILCS 5/2-1116 — modified comparative negligence: 'the plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50%.' (51% bar / 50%-or-less recovers.)

Paying for injuries in Illinois

Illinois is NOT a no-fault state. There is NO PIP statute. MedPay is optional.

How Moe handles injury claims in Illinois

Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Illinois’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.

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Illinois injury claims — common questions

Is Illinois a no-fault state?: No. Illinois is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
What is Illinois's fault rule for a car accident?: Illinois follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.
How long do I have to file an injury claim in Illinois?: In Illinois the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

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All Illinois accident-claim rules · Other states

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This page summarizes Illinois’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.