How Long to File a Car Accident Claim in Illinois?

Q: What if the injured person is a minor?

735 ILCS 5/13-211 (a) says that if the person entitled to bring an action under sections 13-201 through 13-210 was under 18 or under a legal disability at accrual, the person may bring it within 2 years after attaining 18 or after the disability is removed.

Last Updated: October 25, 2026

735 ILCS 5/13-202 gives a personal-injury action two years next after the cause of action accrued, with a conviction exception, an escrow-account period, and a confession toll. The toll does not apply to a unit of local government subject to the Tort Immunity Act. 735 ILCS 5/13-211(a) says that if the person entitled to bring an action under sections 13-201 through 13-210 was under 18 or under a legal disability at accrual, the person may bring it within 2 years after attaining 18 or after the disability is removed. 745 ILCS 10/8-101(a) says no civil action, other than an action described in subsection (b), may be commenced against a local public entity or a public employee unless commenced within one year from the date the injury was received or the cause of action accrued. Subsection (b) addresses patient care. Section 8-102 is repealed. Section 8-101 does not set the State’s period. 735 ILCS 5/13-205 says actions to recover damages for an injury done to property, real or personal, and the other actions listed in that section, shall be commenced within 5 years next after the cause of action accrued. The section excepts section 2-725 of the Uniform Commercial Code and section 11-13 of the Illinois Public Aid Code. Source: P.A. 82-280.

How Long Do You Have to File a Car Accident Claim in Illinois?

How long do you have to file a car accident claim?

If you are hurt, juggling appointments, and trying to keep life moving, that question can feel like one more weight on your shoulders. In Illinois, there is a real deadline for filing a lawsuit after a crash. Missing it can end the case, even if the crash was clearly not your fault.

This guide walks you through the basics in plain language, including what to do right now, what to save, and why waiting too long can quietly weaken a claim even before the legal deadline hits.

First, take a breath: deadlines matter, but you don’t have to solve everything today

After a crash, many people try to “wait and see” if they feel better. That is normal. It is also where problems can start.

Some injuries show up fast. Others show up after the adrenaline fades, after you try to go back to work, or after you wake up sore for a week straight. The paperwork and deadlines do not wait for symptoms to make sense.

Immediate steps after a Peoria-area crash

You do not need to do everything at once. But a few early steps can protect both your health and your options later.

Get medical care and follow up if symptoms change. If something feels off, trust that and get checked.
Report the crash and get the crash report number. If police responded, request the report when it becomes available.
Write down a simple symptom timeline (even a notes app is fine): what hurts, when it started, what makes it worse, what you can’t do normally.
Tell your own insurance company about the crash, but be careful with quick recorded statements if you are still sorting out your symptoms.
Keep work notes: missed days, reduced hours, light duty, and any job tasks you cannot do the same way.
If you want a fuller checklist, see our guide on what to do after a car accident in Illinois.

What to save now (because evidence disappears)

One of the biggest reasons not to wait is simple: evidence fades. Photos get deleted. Cars get repaired. Video footage gets recorded over. Witnesses move or forget details.

Photos of the vehicles, damage, license plates, and the scene (including weather, lighting, and traffic conditions).
Names and contact info for witnesses (even one neutral witness can matter).
Dashcam footage or nearby security video, if you can get it quickly.
Your discharge papers, medical instructions, and follow-up appointments.
Receipts for out-of-pocket costs: prescriptions, braces, co-pays, rides, mileage to appointments.
Work proof: pay stubs, employer notes, disability/FMLA paperwork, and any schedule changes.
A simple “day-to-day impact” record: sleep problems, headaches, lifting limits, driving anxiety, or anything else that changed your routine.

If you want to understand how this material gets used in real cases, read common types of evidence in car accident cases.

Common mistakes that quietly hurt claims

Most people do not “mess up” on purpose. They are just trying to get through the week. Still, these are the issues insurance companies often point to later.

Thinking “I have two years, so I can wait”

The filing period in section 13-202 is the period for filing a lawsuit.

Even if you are still within the two-year window, waiting can make the case harder because key proof is gone and injuries look less connected to the crash.

Gaps in medical care without an explanation

Insurance adjusters often use gaps to argue you were not really hurt, or that something else caused the problem later. Sometimes there is a good reason for a gap (no appointments available, childcare, work, cost, or symptoms that come and go). But it helps to document the “why,” not just the dates.

Letting the injury story stay vague

“My neck hurts” is true, but it is not very specific. Better documentation sounds like: “Pain when turning my head,” “headaches by mid-afternoon,” “numbness into my hand,” or “I can’t lift my child without sharp pain.”

That kind of detail helps doctors treat you. It also helps show what changed after the crash.

Signing broad releases too early

Insurers may ask for broad medical authorizations. Sometimes they are looking for prior issues so they can argue “this is pre-existing.” Prior conditions do not automatically defeat a case, but they can become the center of the argument if records are not handled carefully.

What insurance companies often look for in Illinois car accident claims

Insurance companies evaluate claims like puzzles. They want a clean timeline, clear proof, and as few unknowns as possible.

Here are a few things they commonly focus on:

1) The timeline

When did symptoms start? When was the first doctor visit? How consistent was treatment? Are there long gaps with no notes explaining why?

2) Consistency across records

They compare what you told the police, what you told doctors, what you told your insurer, and what you say later. Small differences can happen (you were shaken up). Bigger differences can get used to challenge credibility.

3) “Objective” proof

Some injuries show up on imaging. Others are proven through exam findings, therapy notes, and repeated reports of the same functional limits over time. Either way, records matter.

4) Severity and force arguments

It is common to hear: “The damage was minor, so you couldn’t be badly hurt.” That argument ignores how bodies work, but it still comes up often.

Good documentation helps connect the dots: crash details, symptoms, treatment, and daily limitations.

5) Legal deadlines and urgency

Even when insurers know a two-year statute of limitations exists, they may still delay. They may ask for “one more record” or “one more review.” If the personal-injury period runs, the filing opportunity in section 13-202 can end.

If you want an Illinois-focused overview of how car crash cases are handled from start to finish, our Peoria car accident attorney hub page explains the process, documentation, and common insurance steps.

Frequently Asked Questions

Is the two-year deadline the same thing as an insurance claim deadline?

Section 13-202 is a lawsuit period measured from accrual. It does not mention an insurance-company reporting period.

What if my symptoms show up days later?

Delayed symptoms are common after crashes. What matters is that you get evaluated when symptoms appear and that your medical records clearly describe what changed and when.

Do I really need to save evidence if the police report “explains everything”?

Police reports help, but they rarely capture everything that matters about injuries, how the crash felt, or what changed in daily life. Photos, witness info, and medical records fill in the gaps.

What if I was partly at fault for the crash?

735 ILCS 5/2-1116 bars recovery in a bodily-injury, death, or property-damage action based on negligence, or in product liability based on strict tort liability, when the trier of fact finds that the plaintiff’s contributory fault is more than 50% of the proximate cause of the injury or damage for which recovery is sought. When that contributory fault is not more than 50% of the proximate cause, the plaintiff is not barred, and any damages allowed are diminished in proportion to the amount of fault attributable to the plaintiff. The section attributes no contributory fault to a plaintiff bringing a personal-injury action based on childhood sexual abuse as 735 ILCS 5/13-202.2 defines it. Source: P.A. 103-1053, effective December 20, 2024.

Are there situations where the deadline is shorter than two years?

What if the injured person is a minor?

735 ILCS 5/13-211(a) says that if the person entitled to bring an action under sections 13-201 through 13-210 was under 18 or under a legal disability at accrual, the person may bring it within 2 years after attaining 18 or after the disability is removed.

Parker & Parker Attorneys at Law
300 NE Perry Ave., Peoria, Illinois 61603
Phone: 309-673-0069

If you would like to talk things through, we can review the timeline, the records, and what to do next. Timelines and facts matter, especially in injury cases.

Need a lawyer? This article is part of our Peoria Car Accident Lawyer practice area. Call Parker & Parker at 309-673-0069 for a free consultation.

How Long Do You Have to File a Car Accident Claim?