Illinois Car Accident Statute of Limitations: Deadlines You Cannot Miss

If you have been injured in a car accident in Illinois, one of the most important things you need to understand is the statute of limitations — the legal deadline for filing a lawsuit. Missing this deadline almost always means losing your right to recover compensation, no matter how strong your case may be.

At Parker & Parker Attorneys at Law, we have seen cases where accident victims waited too long to take legal action, only to discover that the courthouse doors had closed. Understanding these deadlines is critical for protecting your rights after a Peoria-area car crash.

The General Rule: Two Years from the Date of the Accident

Under 735 ILCS 5/13-202, Illinois gives most car accident victims two years from the date of the crash to file a personal injury lawsuit. This applies to claims for medical expenses, lost wages, pain and suffering, and other damages resulting from another driver’s negligence.

Two years may sound like plenty of time, but the reality is that building a strong car accident case takes months. Your attorney needs time to gather medical records, obtain the police report, interview witnesses, consult experts, and negotiate with insurance companies before deciding whether litigation is necessary. Starting early gives you the strongest possible position.

Wrongful Death Claims Have a Different Deadline

If a car accident results in a fatality, the statute of limitations for a wrongful death lawsuit is also two years — but it runs from the date of death, not the date of the accident. In cases where the victim survives for weeks or months after the crash before passing away, this distinction matters.

Additionally, a separate survival action — which covers the deceased person’s pain and suffering before death — follows the standard personal injury timeline. These overlapping deadlines make it essential to speak with an attorney quickly after a fatal crash.

Exceptions That Can Shorten or Extend the Deadline

Several circumstances can change the standard two-year window:

Claims against government entities: If a city bus, county vehicle, or state employee caused your accident, you may need to file a notice of claim within one year under the Illinois Court of Claims Act or Local Governmental and Governmental Employees Tort Immunity Act. Government claims have strict procedural requirements that differ from ordinary lawsuits.

Minors: If the accident victim is under 18, the statute of limitations is generally tolled (paused) until the child turns 18. The two-year clock then begins running from the child’s 18th birthday.

Legal disability: If the injured person was mentally incapacitated at the time of the accident, the deadline may be extended until the disability is removed.

Discovery rule: In rare cases where an injury is not immediately apparent, the statute of limitations may begin when the victim knew or should have known about the injury. However, courts apply this exception narrowly in car accident cases since most injuries are apparent relatively quickly.

What Happens If You Miss the Deadline

If you attempt to file a lawsuit after the statute of limitations has expired, the defendant will file a motion to dismiss and the court will almost certainly grant it. This means you cannot recover any compensation through the court system — regardless of how clearly the other driver was at fault.

Insurance companies know these deadlines and may use delay tactics to push you past the filing window. They may draw out negotiations, request unnecessary documentation, or simply hope you lose track of time. Having an attorney monitoring your deadlines prevents this from happening.

The Statute of Limitations vs. Insurance Claim Deadlines

understand that the statute of limitations is separate from your insurance claim timeline. Most auto insurance policies require you to report an accident within a reasonable time — sometimes as short as 30 days. Failing to notify your insurer promptly can jeopardize both your insurance claim and your uninsured/underinsured motorist coverage.

Even if you are not ready to file a lawsuit, you should document everything from day one. Follow the steps to take after a car accident in Illinois to preserve evidence and protect your legal options.

Why Acting Early Strengthens Your Case

Beyond simply meeting the deadline, early action improves the quality of your case. Witnesses’ memories fade, surveillance footage gets overwritten, and physical evidence at the crash scene deteriorates. The sooner your legal team begins investigating, the more evidence you will have to support your claim for fair compensation.

If you have been injured in a car accident anywhere in the Peoria area, do not wait to explore your legal options. Contact Parker & Parker Attorneys at Law to discuss your case during a free consultation — before any deadline passes you by.

Frequently Asked Questions

Does the two-year statute of limitations apply to property damage claims too?

Illinois has a separate five-year statute of limitations for property damage claims under 735 ILCS 5/13-205. However, it is best to resolve property damage claims alongside your injury claim to avoid complications.

Can I still settle with the insurance company after the statute of limitations expires?

Technically, you can negotiate with an insurer at any time. However, once the statute of limitations expires, the insurance company knows you have no leverage because you cannot file a lawsuit. This dramatically reduces your bargaining power and often results in lowball offers or outright denials.

What if I was in a hit-and-run and the other driver was never identified?

The two-year statute of limitations still applies even if the at-fault driver is unknown. You may be able to recover compensation through your own uninsured motorist coverage. Report the accident to police and your insurer immediately to preserve your rights.