Illinois Car Accident Statute of Limitations

At our Chicago traffic accident law firm, we know how quickly things can change after a collision. Medical bills pile up. Work becomes impossible. And through it all, the clock starts ticking. One of the most important things you can do after a crash is understand the Illinois car accident statute of limitations, because once your time limit runs out, you could lose the right to file a claim at all.

If you’ve been hurt in a crash, you don’t have to navigate the legal system by yourself. We stand with clients across the city who’ve suffered injuries, financial losses, and uncertainty after serious car accidents in Illinois. We’re here to help you act on time, protect your legal rights to recover compensation, and get answers to your most urgent questions.

How Long Do Victims Have to File a Car Accident Lawsuit in Illinois?

735 ILCS 5/13-202, a section of the Illinois Code of Civil Procedure, sets a strict two-year Illinois statute of limitations for personal injury cases, including those caused by motor vehicle accidents. In other words, as soon as the accident happened, you have a two-year window to bring a car accident lawsuit.

If you don’t, your claim can be dismissed, even if your injuries are serious or your case is otherwise strong. We help Illinois residents stay ahead of this deadline, making sure every step is handled before the statute of limitations for car accident cases expire.

What Is the Time Limit to File an Accident Report?

Beyond the court deadline, Illinois laws requires drivers involved in an accident to submit a report within 10 days if there was an injury, death, or over $1,500 in property damage.

Delaying or failing to file can create issues with your personal injury claim and might even lead to license suspension. If you’re unsure whether a report has been submitted, we can help track it down or assist in getting it filed correctly.

Are There Any Exceptions to the Two-Year Statute of Limitations for Car Accident Cases in Illinois?

The short answer is yes. While the two-year statute of limitations applies in most situations, there are special rules that may give you more time to file a claim, depending on certain circumstances.

Minors Injured in Crashes

If a child is hurt in a car crash, the two-year limit typically doesn’t begin until their 18th birthday. That gives them until age 20 to file. Parents can file personal injury claims on behalf of injured children, but the child may also have their own right to file later.

Delayed-Onset Auto Accident Injuries

Some injuries aren’t obvious right away. The discovery rule allows the deadline to start from the date you discovered—or should have discovered—the injury, rather than the date of the accident itself. This can apply to injuries like internal trauma, spinal issues, or concussions that weren’t immediately apparent.

Crashes Involving Government Vehicles

If you were hit by a city or state vehicle—like a garbage truck, CTA bus, or police car—you may have less time to act. Car accident claims against government entities often require formal notice within one year or less. Missing those steps could block your claim entirely.

Fatal Car Crashes

If a loved one passes away due to injuries resulting from a motor vehicle accident, surviving family members may have the right to file a wrongful death lawsuit and seek compensation for funeral costs, loss of companionship, lost future income, and emotional pain.

In these cases, the two-year statute typically begins on the date of death, not the date the accident occurred. That distinction can be crucial, especially if time passed between the crash and the victim’s passing.

Property Damage Claims

Most personal injury claims arising from auto accidents are related to bodily injury. But you may also have the right to take legal action against the responsible driver if your damaged vehicle or personal property inside the car was lost or destroyed.

In many cases, the same two-year statute of limitations applies, but it depends on the nature of the claim and whether it is filed alongside a personal injury lawsuit.

How an Experienced Attorney Can Help

When you hire a Chicago car accident attorney from our law firm, we don’t just help you file a lawsuit, but work with you from day one to build a strong case and protect your future.

Here’s what we do in car accident cases:

• Investigate the accident scene
• Gather evidence (photos, records, and witness statements)
• Document your injuries, medical expenses, and any lost wages
• Handle all legal filings before the applicable statute of limitations expires
• Deal directly with the at-fault party’s insurance company so you can focus on healing

We stand by your side every step of the way.

FAQs

Can parents file personal injury claims on behalf of injured children?

Yes. Parents or guardians can bring a personal injury claim on behalf of a child, and the child may also have the right to file once they turn 18. Don’t wait to explore both options, as these cases still have specific deadlines.

How long do car accident victims have to file a claim for emotional distress?

If your claim includes emotional distress, the two-year period generally still applies. In some cases, this type of damage may fall under the discovery rule for delayed-onset car accident injuries, but it’s best to file as early as possible.

Act Quickly to Protect Your Legal Rights

Waiting too long can put your entire case at risk. The statute of limitations is unforgiving, and once it passes, there’s usually no second chance to recover damages from other drivers’ liability insurance. If you or a loved one has been injured in a motor vehicle accident, our Chicago traffic accident law firm can help you understand the legal process.

We offer a free consultation, and we’re here to provide the legal guidance you need to recover fair compensation.