Car Accident Statute of Limitations in Illinois
Last verified 2026-07 · Source: 735 ILCS 5/13-202 ✓ verified · 3 sources
The deadline
2 years
from the date of the accident, under 735 ILCS 5/13-202.
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If you're researching car accident lawsuits in Illinois, the single most important number is 2 years. That's how long 735 ILCS 5/13-202 gives you to file a car accident lawsuit, counted from the date of the accident. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Illinois Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Car Accident | 2 years | 735 ILCS 5/13-202 |
| Credit Card Debt | 5 yrs | 735 ILCS 5/13-205 |
| Medical Malpractice | 2 yrs | 735 ILCS 5/13-212(a) |
| Wrongful Death | 2 yrs | 740 ILCS 180/2 |
| Personal Injury | 2 yrs | 735 Ill. Comp. Stat. § 5/13-202 |
| Dog Bite | 2 yrs | 510 ILCS 5/16 (Animal Control Act, strict liability); SOL: 735 ILCS 5/13-202 |
| Slip and Fall | 2 yrs | 735 ILCS 5/13-202 |
| Defamation | 1 yr | 735 ILCS 5/13-201 |
| Breach of Contract | 10 yrs | 735 ILCS 5/13-206 |
| Medical Debt | 5 yrs | 735 ILCS 5/13-205 |
When the Clock Starts
In Illinois, the limitations period for car accident lawsuits generally begins on the date of the accident. Illinois recognizes a discovery rule for this claim type: Illinois applies a common-law discovery rule, but for a sudden traumatic event such as a vehicle collision the cause of action accrues on the date of the injury (Golla v. General Motors Corp., 167 Ill. 2d 353 (1995)).
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: A civil action against an Illinois local public entity or its employees must be commenced within one year from the date the injury was received or the cause of action accrued (745 ILCS 10/8-101(a), Tort Immunity Act).
Illinois has no statutory cap on compensatory damages in car-accident suits — the Illinois Supreme Court struck damage caps as unconstitutional in Best v. Taylor Machine Works, 179 Ill. 2d 367 (1997), and minors get two years after turning 18 under 735 ILCS 5/13-211.
Source: 735 ILCS 5/13-202, official Illinois statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Illinois government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Illinois Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Illinois | 2 years | 735 ILCS 5/13-202 |
| Wisconsin | 3 yrs | Wis. Stat. § 893.54(1m)(a) |
| Iowa | 2 yrs | Iowa Code § 614.1(2) |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Kentucky | 2 yrs | Ky. Rev. Stat. § 304.39-230(6) |
| Indiana | 2 yrs | Ind. Code § 34-11-2-4(a) |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Illinois?
You have 2 years from the date of the accident, under 735 ILCS 5/13-202.
Can I still sue after 2 years in Illinois?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to car accident lawsuits in Illinois?
Yes. Illinois applies a common-law discovery rule, but for a sudden traumatic event such as a vehicle collision the cause of action accrues on the date of the injury (Golla v. General Motors Corp., 167 Ill. 2d 353 (1995)).
What if the victim was a minor?
Illinois generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
A civil action against an Illinois local public entity or its employees must be commenced within one year from the date the injury was received or the cause of action accrued (745 ILCS 10/8-101(a), Tort Immunity Act).
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Sources
- Official 735 ILCS 5/13-202 — Illinois General Assembly (Illinois Compiled Statutes)
- Corroborating Illinois 735 ILCS 5/13-202 — FindLaw Codes
- Corroborating 2025 Illinois Compiled Statutes, 735 ILCS 5 Art. XIII (Limitations) — Justia US Law
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Illinois attorney.