What Is the Statute of Limitations for Motor Vehicle Accidents in Illinois?

The statute of limitations for motor vehicle accidents in Illinois restricts how long you have to file a lawsuit; and, if you wait too long (and the statute of limitations expires), you won’t be able to seek the financial compensation you deserve. 

So, what is the statute of limitations for motor vehicle accidents in Illinois?

The short answer is, “It depends.” While most motor vehicle accident claims are subject to the same statute of limitations in Illinois, there are a few important exceptions. If one of these exceptions applies to your case, you may have additional time to file your claim for just compensation. 

Illinois’s Two-Year Statute of Limitations for Motor Vehicle Accidents 

In the vast majority of cases, Illinois has a two-year statute of limitations for personal injury claims arising out of motor vehicle accidents. This means that if you were injured in a motor vehicle accident, you must file your claim no later than two years from the date of the collision. If you file your claim late—even by a single day—the insurance companies won’t be required to pay for your medical expenses, lost earnings, and other financial and non-financial losses. 

Exceptions to Illinois’s Two-Year Statute of Limitations for Motor Vehicle Accidents

While the statute of limitations for motor vehicle accidents in Illinois is usually two years from the date of the accident, there are a few important exceptions. Accident victims and their families may have more than two years to file their claims in the following circumstances:

• Fatal Motor Vehicle Accidents – The statute of limitations for fatal motor vehicle accidents is also two years from the date of the accident in most cases. However, if an accident victim initially survives the crash before passing away at a later date, the statute of limitations is two years from the date of the accident or one year from the date of death, whichever is later. 
• Injuries to Children in Motor Vehicle Accidents – Illinois also has a special statute of limitations for motor vehicle accident claims involving children. When a child is injured in an accident, the statute of limitations does not expire until two years after the child’s 18th birthday. This is true regardless of the child’s age at the time of the collision. 
• Claims for Property Damage – While Illinois has a two-year statute of limitations for most personal injury claims arising out of motor vehicle accidents, the statute of limitations for property damage claims is generally five years. Thus, even if you have run out of time to seek financial compensation for your injuries, you may still be able to file a claim to recover the costs of repairing (or replacing) your damaged vehicle and other personal property. 

In addition to these exceptions, Illinois law also provides that the statute of limitations can be delayed (or “tolled”) in certain circumstances. For example, if a motor vehicle accident victim is incapacitated as a result of his or her injuries, the statute of limitations may be tolled during his or her period of incapacity. 

You Should Not Wait Until the Statute of Limitations is About to Expire

Regardless of how long you have to assert your legal rights, you should not wait until the statute of limitations is about to expire to take legal action. In fact, you should not wait to take legal action at all. 

When you have a motor vehicle accident claim, it is important to investigate the accident promptly. You need evidence in order to recover the financial compensation you deserve—and the longer you wait to take action, the more time key evidence will have to disappear. Of course, not only will taking legal action promptly help to maximize your chances of recovering just compensation, but it will also help ensure that you receive just compensation as soon as possible. Since you are entitled to just compensation for your current and future losses, there is no benefit to delaying legal action.

Schedule a Free Motor Vehicle Accident Consultation at Coplan + Crane Today 

Were you (or was someone you love) involved in a serious motor vehicle accident in Illinois? If so, we encourage you to contact us right away. The clock may already be ticking on your case. If you fail to take action within the statute of limitations, you will miss your opportunity to recover damages for your physical, financial, and emotional losses.

Memories can fade and skid marks can get washed away. The sooner we get to work on your case, the better your chances of recovering the compensation you deserve.

Contact Coplan + Crane today online or at 708-358-8080 to schedule a FREE case evaluation with a Chicago motor vehicle accident attorney. We proudly serve Chicago, Oak Park, Rockford, and other areas throughout Illinois. We handle auto accident cases on a contingency basis, which means you don’t pay unless we win.