Estimate the potential value of your Illinois car accident claim. This calculator accounts for Illinois's specific fault rules, insurance requirements, and damage laws.
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Illinois is a tort (fault-based) state using modified comparative fault under 735 ILCS 5/2-1116. Your damages are reduced by your percentage of fault, and recovery is barred if your fault exceeds 50% of the proximate cause. At exactly 50% fault, you can still recover. This places Illinois in the majority of states using modified comparative, but several details distinguish it.
The Illinois Supreme Court has consistently struck down legislative attempts to cap damages in personal injury cases as violations of the Illinois Constitution's separation-of-powers and special-legislation clauses. In Best v. Taylor Machine Works (1997) and Lebron v. Gottlieb Memorial Hospital (2010), the court invalidated non-economic damage caps. This means there is no statutory ceiling on compensatory or non-economic damages in Illinois auto accident cases.
This is significant for serious injury claims. In states with caps (like Ohio), a catastrophic injury might be limited regardless of severity. In Illinois, the full value of pain, suffering, and life impact can be pursued.
Suppose you have $80,000 in total damages (medical bills + lost wages + pain and suffering):
Every percentage point of fault directly reduces your award dollar-for-dollar. At trial, fault allocation is the single most contested issue.
Illinois requires minimum liability coverage of 25/50/20 ($25,000 per person BI, $50,000 per accident BI, $20,000 PD). Uninsured/underinsured motorist (UM/UIM) coverage at matching limits is also required. The statute of limitations is 2 years from the date of the accident (735 ILCS 5/13-202). Government claims against the State require filing within 1 year under the Court of Claims Act.
| Feature | Illinois | Ohio | Washington |
|---|---|---|---|
| Fault System | Modified (barred >50%) | Modified (51% bar) | Pure comparative |
| Damage Caps | None (unconstitutional) | Non-economic caps apply | None |
| Recovery at 50% Fault | Yes (50% reduction) | Yes (50% reduction) | Yes (50% reduction) |
| UM/UIM Required | Yes | Must be offered | Must be offered |
| Statute of Limitations | 2 years | 2 years | 3 years |
No. The Illinois Supreme Court has ruled that statutory damage caps violate the Illinois Constitution. There is no ceiling on non-economic damages in personal injury cases, including car accidents. Your full pain and suffering can be pursued at trial or in settlement.
Under 735 ILCS 5/2-1116, recovery is barred if your contributory fault exceeds 50% of the proximate cause of the injury. At exactly 50% fault, you can still recover, but your damages are reduced by 50%. At 51% or more, recovery is zero.
Illinois requires minimum liability coverage of $25,000 per person bodily injury, $50,000 per accident bodily injury, and $20,000 property damage. Uninsured and underinsured motorist coverage at matching limits is also mandatory.
The statute of limitations is 2 years from the date of the accident under 735 ILCS 5/13-202. Claims against the State of Illinois must be filed with the Court of Claims within 1 year. Missing the deadline permanently bars your claim.
Illinois requires UM/UIM coverage at minimum liability limits. If the at-fault driver is uninsured, you can recover through your own UM coverage. If they are underinsured, your UIM coverage bridges the gap up to your policy limit.
Yes, as long as your fault does not exceed 50%. At 30% fault, you recover 70% of your damages. At 50% fault, you recover 50%. At 51% or more, you recover nothing. The insurance adjuster will negotiate your fault percentage aggressively.
No. Illinois is a traditional tort (fault-based) state. There is no mandatory Personal Injury Protection. You pursue the at-fault driver's liability insurance for your damages. Your own auto policy covers you only through medical payments coverage (optional), UM/UIM, and collision.
Yes. While Illinois law is more straightforward than no-fault states, fault percentage disputes and the absence of damage caps make legal representation valuable for serious claims. Consult a licensed Illinois attorney before accepting a settlement offer.
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