How Does Car Insurance Work in Illinois?

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founder, Joseph Conboy who has years of legal experience. Our last modified date shows when this page was last reviewed.

Last updated on: June 5, 2025

Joseph Conboy | June 5, 2025
How Does Car Insurance Work in Illinois?

Understanding how car insurance works in Illinois is important for every driver, whether you’re getting behind the wheel for the first time or have been driving for years. Auto insurance doesn’t just protect your vehicle; it protects your finances, your legal rights, and in some cases, your health after an accident.

Conboy Law Injury & Medical Malpractice Lawyers helps people across Illinois who are dealing with the aftermath of car accidents. Whether you’re filing a claim with your insurance company, challenging the other driver’s insurance company, or facing high medical bills, we guide you through the legal steps and help you fight for what you’re owed.

Illinois laws are strict about liability insurance, bodily injury, and property damage, so it’s crucial to understand what kind of coverage you have and what you may still need.

Illinois Car Insurance Requirements

Illinois drivers must meet certain legal requirements when it comes to car insurance. These rules are in place to ensure drivers can cover costs if they cause harm in an accident. Every vehicle owner in the state must carry specific types of coverage.

Here are the key types of insurance you’re required to have under Illinois law:

Minimum Liability Coverage

Under Illinois law, every driver must carry a minimum level of liability insurance to operate a vehicle legally. This type of coverage is meant to protect other people if you are found responsible for causing an accident. Bodily injury liability coverage helps pay for the injury or death of another person, while property damage coverage pays for damage to another person’s car, fence, or other physical property.

As of now, Illinois law requires at least $25,000 per person and $50,000 per accident for bodily injury, and $20,000 for property damage. These liability limits are the bare minimum; if the damage caused by the crash is greater, you could be held personally responsible for the difference. That’s why many drivers choose to increase their policy limits or add additional protection.

Uninsured Motorist Coverage

Illinois law requires that all auto insurance policies include uninsured motorist coverage. This protects you if you’re injured in an accident where the at-fault driver either has no insurance or leaves the scene, such as in a hit-and-run driver situation. This coverage helps pay for your medical bills, bodily injury, and even lost wages when the other driver’s insurance company doesn’t exist because they don’t have insurance.

This type of coverage is critical because many drivers on the road either carry the bare minimum liability insurance or none at all. Without uninsured motorist coverage, you could be left to pay out of pocket for major expenses, including emergency care and ongoing treatment.

This coverage also helps protect your family members who might be riding with you at the time of the crash, ensuring their injuries are also covered under your insurance policy.

Optional Car Insurance Coverage in Illinois

Optional Car Insurance Coverage in Illinois

While Illinois law requires drivers to carry basic liability insurance, many people choose to add extra protection through optional coverage. These additional policies are not mandatory, but they offer peace of mind and stronger financial protection after a crash.

For example, collision coverage helps pay for damage to your vehicle after an accident, regardless of who was at fault. Similarly, comprehensive coverage helps cover repairs or replacement if events like theft, fire, vandalism, or falling objects damage your vehicle.

Another common add-on is underinsured motorist coverage (UIM coverage), which protects you if the at-fault driver doesn’t carry enough insurance to pay for your medical bills or property damage. A personal umbrella policy can also offer extended coverage if your liability limits are exceeded in a serious crash.

By working with a trusted insurance agent or insurance provider, drivers can customize their insurance policy to match their lifestyle, driving record, and financial needs.

Recommended Add-On Policies

While Illinois law only requires minimum liability coverage, drivers are strongly encouraged to consider optional coverage that can provide more protection. Add-ons like collision coverage help pay for damage to your vehicle, even if you were at fault. Comprehensive coverage protects against things like theft, vandalism, or weather-related damage, situations that another driver doesn’t cause.

Another valuable option is underinsured motorist coverage (UIM coverage), which helps when the other driver’s insurance company doesn’t carry enough to cover your medical bills or property damage. An umbrella policy can also extend your liability limits far beyond the state minimums and protect your financial losses in more serious accidents.

These recommended add-on policies can offer peace of mind and save you from large out-of-pocket expenses after an accident. Talk to your insurance agent to determine what best suits your needs and driving habits.

How Car Insurance Claims Work After an Accident

Filing a car insurance claim in Illinois starts shortly after the accident occurs. Since Illinois follows an at-fault system, the insurance company of the driver who caused the accident is generally responsible for paying damages. This means the at-fault driver’s insurance company will be the one to handle medical bills, property damage, and other related costs, up to the policy’s liability limits.

Right after the accident, you should seek medical attention immediately, even if injuries seem minor. Then, collect important details from the accident scene, including contact and insurance information from all drivers, witness statements, and photos of vehicles involved. You will need to file a police report, which is crucial in helping your insurance provider and potentially the other driver’s insurance company determine who was responsible.

When you file a claim, the insurance company hires an adjuster to investigate the accident, inspect damage, and evaluate losses. The type of coverage you have, such as collision coverage or comprehensive coverage, will impact what gets paid.

If another driver damaged your vehicle, their insurance may pay out of pocket only up to their coverage limits, which is why having sufficient liability insurance and optional coverage can protect you in complicated situations.

At-Fault System in Illinois

In Illinois, the driver who caused the accident must pay for the damage. This is called an at-fault system. If you’re the at-fault driver, your insurance company will pay for the property damage, medical bills, and other costs of the people you hurt, up to your policy limits. If the accident was not your fault, the other driver’s insurance company should pay you.

What Happens If You Drive Without Insurance in Illinois?

What Happens If You Drive Without Insurance in Illinois?

Driving without auto insurance in Illinois is not allowed. Illinois law requires all drivers to carry liability insurance.

Penalties for Uninsured Drivers

If you get caught driving without insurance, you may face a fine, lose your license, or have your car taken away. You could also be forced to pay for all medical expenses, property damage, and other costs out of pocket if you cause an accident. This is why insurance coverage is important for both your safety and your wallet.

What If the Other Driver Doesn’t Have Insurance?

Sometimes, the other driver doesn’t have insurance. That’s when your own insurance matters most.

Uninsured Motorist Claims

If the other driver has no insurance, you can file an uninsured motorist claim. This means your insurance company pays for your medical bills, vehicle damage, and other losses. Most auto insurance policies in Illinois include this. It protects you from having to pay when the at-fault driver has no coverage.

How Fault Is Determined in Illinois Car Accidents

After an accident, someone must figure out who caused it. This is called determining fault.

Comparative Negligence Rule

Illinois uses a comparative negligence rule. This means more than one person can share the blame. If you’re found partly at fault, your payment may be reduced. For example, if you were 20% at fault, you can still recover compensation, but you will get 80% of the total amount. If you’re more than 50% at fault, you can’t collect anything.

Should You Talk to a Lawyer After a Car Accident?

Should You Talk to a Lawyer After a Car Accident?

Yes. It’s a smart move. A car accident attorney can deal with the insurance company, explain your legal rights, and help you get fair compensation. They can also help when the crash causes serious injuries, or if the insurance company won’t pay enough. Talking to a lawyer early can protect your future and reduce your stress.

FAQs

Car insurance helps pay for damage after a crash. It can cover physical damage coverage to your own car, damage to another person’s property, or even legal defense if someone sues you. It also pays for injuries the vehicle caused. Your plan may also help if you hit utility poles, fences, or buildings.

Insurance costs depend on many things. Companies look at your marital status, driving record, type of car, and even where you live. If you’re seen as high-risk, you may pay more. Safe drivers usually get better prices.

A covered loss means the insurance policy pays for the accident or damage. For example, if your plan includes physical damage coverage, and your car is hit in a parking lot, your insurer will cover the damage, as long as it’s not excluded in the policy.

If someone claims your negligent operation caused a crash, your insurance may help. Some policies include legal services to protect you in court. They may also help with your legal defense, which can cost a lot if you’re found responsible.

UIM limits are how much your insurance pays if the other driver has too little or no coverage. UIM stands for Underinsured Motorist. These limits are important because they help cover a loss when someone else can’t pay for the damage they caused.

Contact Our Chicago Car Accident Lawyer for a Free Consultation

Contact Our Chicago Car Accident Lawyer for a Free Consultation

If you were involved in a car accident in Illinois, you don’t have to face the aftermath alone. The legal process can feel confusing, but our team is here to guide you every step of the way. Conboy Law Injury & Medical Malpractice Lawyers focuses on helping accident victims understand their rights and pursue fair results.

We offer free case consultations to review what happened and help you decide what to do next. Whether you’re dealing with injuries, vehicle damage, or complicated insurance questions, we’ll listen to your concerns and provide clear advice.

You deserve a team that puts your needs first, fights for your recovery, and charges nothing unless we win. Reach out today to schedule your consultation. We’re ready to help you move forward.

Joseph Conboy
Founding Attorney

Joseph M. Conboy, founder of Conboy Law, represents victims of catastrophic injuries and wrongful death, securing numerous multi-million-dollar results. Recognized as a Super Lawyers Rising Star (2019–2022), he is a member of the American Association for Justice and Illinois Trial Lawyers Association. Mr. Conboy earned his J.D. from DePaul University and a B.A. in Economics from the University of Colorado.

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