Accident Settlement Calculator

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Illinois Car Accident Settlement Calculator

In Illinois, you generally have 2 years to file an injury lawsuit, you recover nothing if more than 50% at fault, and drivers must carry at least $25,000/$50,000 in injury liability. Enter your numbers below to see what a Illinois claim may be worth and what you would actually take home.

1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

Illinois rules in 30 seconds

If you were partly at faultYou get nothing if you are more than 50% at fault
Details & exceptions

Illinois uses modified comparative fault: an injured person whose fault is 50 percent or less can recover, with damages reduced by their percentage of fault. If their fault is more than 50 percent of the total, they recover nothing.

Compare fault rules in all states →
Deadline to file a lawsuit2 years from the accident
Details & exceptions

735 ILCS 5/13-202: personal injury actions must be filed within 2 years after the cause of action accrued. 735 ILCS 5/13-205: actions for injury to real or personal property within 5 years. Claims against local public entities (cities, counties, transit agencies, etc.) and their employees: 1 year from the injury or accrual (745 ILCS 10/8-101(a), Local Governmental and Governmental Employees Tort Immunity Act). Claims against the State of Illinois itself go to the Illinois Court of Claims, which has its own notice and filing rules (not verified here). Statute text read from FindLaw mirrors (current as of 2025-01-01) because ilga.gov was unreachable.

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Other driver's minimum insurance$25,000 per person, $50,000 per accident
Details & exceptions

Property damage minimum: $20,000. Illinois Department of Insurance: 'Illinois law (625 ILCS 5/7-203) requires BI limits of at least $25,000 per person per accident and $50,000 total per accident' and 'PD liability limits of at least $20,000 per accident'. 625 ILCS 5/7-601 requires all vehicle owners to carry this insurance. HB 66 (104th GA), which would raise the minimums to 50/100/40, was reported as stuck in committee since early 2025 and is not law.

Compare minimums in all states →
Who pays your medical billsThe at-fault driver's insuranceSee all no-fault states →
Cap on pain and sufferingNo cap for typical car accident claims
Details & exceptions

No general cap for typical car accident injury claims. Illinois has no cap on noneconomic damages in auto injury cases. The 1995 general cap on noneconomic damages (735 ILCS 5/2-1115.1) was struck down in Best v. Taylor Machine Works (1997), and the medical-malpractice cap (735 ILCS 5/2-1706.5) was struck down in Lebron v. Gottlieb Memorial Hospital (2010). Both are described in the Illinois Supreme Court's Lebron opinion.

Uninsured motorist coverageRequired
Details & exceptions

Uninsured motorist bodily injury coverage is mandatory. 215 ILCS 5/143a(1) bars issuing or renewing a policy for a vehicle registered or principally garaged in Illinois unless it includes UM coverage at least at the 7-203 limits ($25,000/$50,000 per IDOI). Underinsured motorist coverage is required only if you buy UM limits above the minimum (215 ILCS 5/143a-2, per IDOI). 143a text read from a FindLaw mirror (current as of 2025-01-01). Public Act 104-0753 (SB 714, signed Aug. 2026, effective July 1, 2027) is reported to be a rate-review law that does not change UM/UIM, but its text was not read.

Worked example: a typical Illinois car accident claim

Another driver turned left into you at an intersection in Illinois: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  3. Total claim value$40,000 – $60,000Economic + pain and suffering.
  4. After your share of fault$32,000 – $48,000Illinois uses modified comparative negligence (51% bar): you recover nothing if you are 51% or more at fault; otherwise recovery is reduced by your 20%.
  5. Limited by available insurance$32,000 – $48,000At-fault policy limit $100,000 + your UM/UIM $0.
  6. Estimated take-home$20,440 – $31,160Minus attorney fee (33%), case costs and medical liens.

You would take home about $25,800 ($20,440 – $31,160), after the 33% fee and $1,000 in case costs.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in Illinois

The 2-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road1 year

Against a city, county or other local public body, the lawsuit itself must be filed within 1 year. Against the State, written notice must go to the Attorney General and the Court of Claims clerk within 1 year, and the case is heard in the Court of Claims.

745 ILCS 10/8-101, Local Governmental and Governmental Employees Tort Immunity Act705 ILCS 505/22-1, Court of Claims Act notice

If the injured person is a child

A child injured before 18 can sue within 2 years after turning 18 (until age 20).

735 ILCS 5/13-211, Minors and persons under legal disability

How fast a Illinois insurer must respond

Insurers must reply to any claimant within 15 working days and pay undisputed amounts within 30 days. A third-party claimant must get a written denial explanation within 30 days, and a written delay explanation if a car damage claim is unresolved after 60 days.

50 Ill. Adm. Code 919.40, definitions and 15-working-day response rule50 Ill. Adm. Code 919.50, Claims practices: payment and denial50 Ill. Adm. Code 919.80, Automobile claims (60-day third-party delay letter)

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a Illinois crash

Frequently asked questions

What is a typical car accident settlement in Illinois?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault, a Illinois claim against the other driver is worth about $40,000, and the injured person takes home about $25,800 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in Illinois.
Is Illinois an at-fault or no-fault state for car accidents?
Illinois's car insurance system: At-fault (tort).
Is there a cap on pain and suffering in Illinois car accident cases?
No general cap for typical car accident injury claims. Illinois has no cap on noneconomic damages in auto injury cases. The 1995 general cap on noneconomic damages (735 ILCS 5/2-1115.1) was struck down in Best v. Taylor Machine Works (1997), and the medical-malpractice cap (735 ILCS 5/2-1706.5) was struck down in Lebron v. Gottlieb Memorial Hospital (2010). Both are described in the Illinois Supreme Court's Lebron opinion.
What happens if I was partly at fault for an accident in Illinois?
Illinois follows modified comparative negligence with a 51% bar: you recover nothing if you are 51% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in Illinois?
Generally 2 years for personal injury and 5 years for property damage. 735 ILCS 5/13-202: personal injury actions must be filed within 2 years after the cause of action accrued. 735 ILCS 5/13-205: actions for injury to real or personal property within 5 years. Claims against local public entities (cities, counties, transit agencies, etc.) and their employees: 1 year from the injury or accrual (745 ILCS 10/8-101(a), Local Governmental and Governmental Employees Tort Immunity Act). Claims against the State of Illinois itself go to the Illinois Court of Claims, which has its own notice and filing rules (not verified here). Statute text read from FindLaw mirrors (current as of 2025-01-01) because ilga.gov was unreachable.
What is the minimum car insurance in Illinois?
$25,000 per person and $50,000 per accident for bodily injury, and $20,000 for property damage. Illinois Department of Insurance: 'Illinois law (625 ILCS 5/7-203) requires BI limits of at least $25,000 per person per accident and $50,000 total per accident' and 'PD liability limits of at least $20,000 per accident'. 625 ILCS 5/7-601 requires all vehicle owners to carry this insurance. HB 66 (104th GA), which would raise the minimums to 50/100/40, was reported as stuck in committee since early 2025 and is not law.
What is the deadline to file a claim against the government in Illinois?
1 year. Against a city, county or other local public body, the lawsuit itself must be filed within 1 year. Against the State, written notice must go to the Attorney General and the Court of Claims clerk within 1 year, and the case is heard in the Court of Claims.
How long does an insurance company have to respond to a claim in Illinois?
Insurers must reply to any claimant within 15 working days and pay undisputed amounts within 30 days. A third-party claimant must get a written denial explanation within 30 days, and a written delay explanation if a car damage claim is unresolved after 60 days.

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Official sources