Illinois
Illinois Hit and Run Laws: Penalties and What to Do
Illinois law under 625 ILCS 5/11-401 and 11-402 requires every driver involved in a crash to stop, exchange information, and render aid. Leaving the scene of a property-damage accident is a Class A misdemeanor; failing to stop after a crash involving injury or death is a Class 4 felony; and a driver who did not stop and then fails to report the crash to police within half an hour commits a separate Class 2 felony, or a Class 1 felony if someone died.
Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free Illinois Car Accident Settlement Calculator.
Overview of Illinois Hit and Run Laws
Illinois treats hit and run offenses seriously. If you are involved in any motor vehicle crash, state law requires you to stop, exchange information, help anyone who is injured, and report the accident within strict deadlines. Failing to meet these obligations can result in felony charges, years in prison, and the permanent loss of your driving privileges.
The primary statutes governing hit and run in Illinois are found in the Illinois Vehicle Code at 625 ILCS 5/11-401 through 11-404. These sections spell out the duties that apply to every driver after a crash, along with the penalties for violations. This guide breaks down each requirement and consequence so you know exactly where you stand under current Illinois law.
Last verified: March 2026. This guide reflects current Illinois law under 625 ILCS 5/11-401 through 11-404.
Your Legal Duties After Any Accident in Illinois
Under 625 ILCS 5/11-403, every driver involved in a motor vehicle crash must fulfill several obligations before leaving the scene.
Stop Immediately
You must bring your vehicle to a stop at the scene of the accident, or as close to the scene as possible without blocking traffic more than necessary. Then you must return to and remain at the scene until all legal requirements are satisfied.
Exchange Information
You must provide the following to the other driver, any injured person, or a law enforcement officer:
- Your full legal name and current address
- Your vehicle registration number
- Your driver's license (if requested by a police officer)
If the other driver is not present (for example, you struck a parked car), you must leave this information in a written note placed in a visible spot on the damaged vehicle.
Render Reasonable Assistance
If anyone is injured, you must provide reasonable assistance. This includes calling 911 and, if needed, arranging transportation to a hospital or medical facility. You are not required to provide medical treatment yourself, but you cannot simply drive away from an injured person.
Report the Accident
Illinois law sets different reporting deadlines depending on the severity of the crash:
- Injury or death accidents: You must report to the nearest police station within 30 minutes of the crash (or within 30 minutes of being released from a hospital if you were also injured).
- Property damage over $1,500: You must file a written crash report with the Illinois Department of Transportation within 10 days using the SR 1050 form.
- Property damage over $500 (uninsured driver involved): The reporting threshold drops to $500 if any driver in the crash did not carry insurance.
Penalties for Hit and Run in Illinois
The consequences for leaving the scene of an accident vary based on whether the crash caused property damage only, personal injury, or death. Illinois law also distinguishes between failing to stop at the scene and failing to report to police within the required time frame.
Property Damage Only (625 ILCS 5/11-402)
If a crash causes only property damage and the driver leaves without stopping or providing information, the offense is a Class A misdemeanor. Penalties include:
- Up to 1 year in county jail
- A fine of up to $2,500
- License suspension if the court finds the damage exceeded $1,000
- A permanent criminal record
Even striking an unattended vehicle and leaving without a note qualifies as a violation.
Leaving the Scene of an Injury or Fatal Accident (625 ILCS 5/11-401)
When a crash results in personal injury to or the death of any person and the driver leaves the scene without stopping, exchanging information, and rendering aid, the offense is a Class 4 felony. Penalties include:
- 1 to 3 years in prison (up to 6 years with extended-term sentencing)
- A fine of up to $25,000
- Mandatory driver's license revocation
Leaving the Scene of a Fatal Accident (625 ILCS 5/11-401)
Illinois does not create a separate, higher-class offense for leaving the scene of a fatal crash. Under Section 11-401(c), failing to stop and remain at the scene is a Class 4 felony whether the crash caused personal injury or death.
The more serious Class 2 and Class 1 charges described below come from a different duty. A driver who did not stop must report the crash to police within half an hour under Section 11-401(b), and failing to make that report is its own offense under Section 11-401(d).
Failure to Report an Injury Accident Within 30 Minutes
A driver who did not stop after a crash involving personal injury (but no death) must report the crash to police within 30 minutes. Failing to make that report is a separate offense under Section 11-401(d), a Class 2 felony:
- 3 to 7 years in prison (up to 14 years with extended-term sentencing)
- A fine of up to $25,000
- Mandatory driver's license revocation
Failure to Report a Fatal Accident Within 30 Minutes
If the crash caused a death, failing to make the required report to police within 30 minutes is a Class 1 felony under Section 11-401(d):
- 4 to 15 years in prison
- A fine of up to $25,000
- Mandatory driver's license revocation
Refusing a Chemical Test
Under Section 11-401(b-1), a person arrested for a hit and run involving injury or death is subject to chemical testing of blood, breath, or urine for alcohol and drugs within 12 hours of the crash. The consequence of refusing is revocation of driving privileges (and of failing the test, a statutory summary suspension) under Section 11-501.1. Section 11-401(b-1) does not make a refusal a separate criminal offense.
Complete Penalty Summary Table
| Offense | Classification | Prison/Jail Time | Maximum Fine |
|---|---|---|---|
| Property damage only (leave scene) | Class A Misdemeanor | Up to 1 year jail | $2,500 |
| Leave scene, injury or death | Class 4 Felony | 1 to 3 years prison | $25,000 |
| Did not stop and fail to report injury within 30 min | Class 2 Felony | 3 to 7 years prison | $25,000 |
| Did not stop and fail to report death within 30 min | Class 1 Felony | 4 to 15 years prison | $25,000 |
All felony convictions under Section 11-401 trigger mandatory driver's license revocation by the Illinois Secretary of State.
Additional Consequences of a Hit and Run Conviction
Driver's License Revocation
Under 625 ILCS 5/11-401(e), the Secretary of State must revoke the driving privileges of any person convicted under this section. A revocation is more severe than a suspension. To regain driving privileges after a revocation, you must attend a formal hearing with the Secretary of State's office and demonstrate that you meet specific criteria for reinstatement.
Insurance Consequences
A hit and run conviction will almost certainly cause your auto insurance rates to increase substantially. Many insurers classify hit and run as a major violation, similar to a DUI. In some cases, your insurer may cancel your policy entirely. You will likely need to obtain an SR-22 certificate (proof of financial responsibility) before you can reinstate your driving privileges.
Civil Liability
A criminal hit and run case does not prevent the injured party from filing a separate civil lawsuit for damages. In fact, leaving the scene can be used as evidence of consciousness of guilt, which may increase the amount of damages a jury awards against you.
What to Do If You Are Involved in an Accident
Following these steps will help you comply with Illinois law and protect yourself:
- Stop your vehicle safely at or near the scene.
- Turn on your hazard lights to alert other drivers.
- Check for injuries. Call 911 immediately if anyone is hurt.
- Exchange information with the other driver: name, address, insurance details, driver's license number, and vehicle registration.
- Document the scene. Take photos of vehicle damage, road conditions, traffic signs, and any visible injuries.
- Talk to witnesses. Get names and phone numbers from anyone who saw the crash.
- File a police report. For injury or death accidents, report within 30 minutes. For property damage accidents exceeding $1,500, file an SR 1050 report with IDOT within 10 days.
- Contact your insurance company as soon as possible to report the claim.
- Seek medical attention even if you feel fine. Some injuries do not show symptoms right away.
What to Do If You Are a Victim of a Hit and Run
Being the victim of a hit and run is stressful, but taking the right steps can improve your chances of identifying the other driver and recovering compensation.
At the Scene
- Do not chase the fleeing vehicle. Pursuing another driver puts you and others at risk.
- Note as many details as possible about the other vehicle: make, model, color, license plate number (even a partial plate helps), and any description of the driver.
- Call 911 immediately and file a police report. A police report is essential for any insurance claim.
- Talk to witnesses who may have seen the crash or the other vehicle leaving.
- Take photos of your vehicle damage, the location, and any debris left behind by the other car.
After the Scene
- File a claim with your own insurance company. If the other driver is never found, your uninsured motorist (UM) coverage may apply.
- Understand your UM coverage. Illinois requires all auto policies to include uninsured motorist bodily injury coverage at minimum limits of $25,000 per person and $50,000 per accident. However, UM property damage coverage is optional.
- Keep all medical records and receipts. Document every expense related to your injuries.
- Follow up with police on the investigation.
If the driver is never found, your claim runs against your own insurer, so ask an Illinois car accident lawyer for a free claim review of the uninsured motorist claim (attorney advertising).
Statute of Limitations for Hit and Run in Illinois
The statute of limitations determines how long prosecutors have to file criminal charges. Under 720 ILCS 5/3-5, the general rules are:
- Misdemeanor hit and run (property damage only): Charges must be filed within 18 months of the offense.
- Felony hit and run (injury or death): Charges must be filed within 3 years of the offense.
These deadlines can be extended in certain circumstances, such as when new evidence comes to light or the suspect leaves the state. If you believe you may face hit and run charges, the clock is ticking, and the sooner you consult a lawyer the better.
For civil lawsuits, the statute of limitations for personal injury in Illinois is generally 2 years from the date of the injury under 735 ILCS 5/13-202.
Possible Defenses to Hit and Run Charges
If you are charged with leaving the scene of an accident, several defenses may apply depending on the facts of your case:
- Lack of knowledge: You did not realize an accident had occurred. For example, a minor fender tap at low speed in heavy traffic may genuinely go unnoticed.
- Safety concerns: You left the scene because you faced an immediate threat of physical harm, such as a hostile crowd or dangerous road conditions.
- Medical emergency: You were incapacitated by your own injuries and unable to stop or remain at the scene.
- You were not the driver: Someone else was operating your vehicle at the time of the crash.
- Compliance with the law: You actually fulfilled all of your legal obligations (stopped, exchanged information, and reported) and were wrongly accused.
The prosecution bears the burden of proving beyond a reasonable doubt that you (1) drove the vehicle, (2) were involved in a crash, and (3) knowingly left the scene without fulfilling your legal duties.
Illinois Crash Statistics
According to the Illinois Department of Transportation, approximately 285,000 motor vehicle crashes occur in Illinois each year. Data from the Insurance Institute for Highway Safety (IIHS) shows that in 2023:
- Total traffic fatalities: 1,241 deaths
- Death rate: 9.9 per 100,000 population
- Death rate per miles traveled: 1.21 per 100 million vehicle miles
- Vehicle miles traveled: 102.9 billion miles
Hit and run crashes account for a significant portion of these incidents. Nationally, the AAA Foundation for Traffic Safety has found that hit and run crashes kill roughly 2,000 people per year across the United States, with the number trending upward over the past decade.
More Illinois Laws
Frequently Asked Questions
Is hit and run a felony in Illinois?
It depends on the circumstances. Leaving the scene of a property-damage-only crash is a Class A misdemeanor. However, if the crash caused personal injury or death, failing to stop is a Class 4 felony. A driver who did not stop and then fails to report an injury crash to police within 30 minutes commits a separate Class 2 felony, and failing to report a fatal crash within 30 minutes is a Class 1 felony.
How long do I have to report an accident in Illinois?
For crashes involving injury or death, you must report to the nearest police station within 30 minutes of the accident (or within 30 minutes of hospital discharge if you were injured). For property damage exceeding $1,500 (or $500 if an uninsured driver is involved), you must file a written crash report with the Illinois Department of Transportation within 10 days.
What is the statute of limitations for hit and run in Illinois?
For misdemeanor hit and run (property damage only), prosecutors must file charges within 18 months. For felony hit and run involving injury or death, the statute of limitations is 3 years. These deadlines may be extended in certain circumstances.
Can I be charged with hit and run if I was not at fault for the accident?
Yes. The legal duty to stop, exchange information, and render aid applies to every driver involved in a crash, regardless of who caused it. Fault for the accident is a separate issue from the criminal charge of leaving the scene. Even if the other driver caused the collision, you can face hit and run charges if you leave without fulfilling your obligations.
Does my insurance cover a hit and run accident in Illinois?
If you are the victim of a hit and run, your uninsured motorist (UM) bodily injury coverage will typically apply. Illinois requires all auto policies to include UM coverage at minimum limits of $25,000 per person and $50,000 per accident. UM property damage coverage is optional. You will need to file a police report promptly to support your claim.
Updates
Corrected the penalties: leaving the scene of an injury or fatal crash is a Class 4 felony, the Class 2 and Class 1 charges apply to failing to report the crash to police, and we removed inaccurate claims about a mandatory minimum, a chemical-test refusal felony, and vehicle forfeiture.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Illinois Compiled Statutes Chapter 625, Act 5 (Illinois Vehicle Code)
§ 11-401Motor vehicle crashes involving death or personal injuriesIn forcecited in 2 of our articles
(a) The driver of any vehicle involved in a motor vehicle crashes resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such crash, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the crash until the requirements of Section 11-403 have been fulfilled. Every such stop shall be made without obstructing traffic more than is necessary. (b) Any person who has failed to stop or to comply with the requirements of paragraph (a) shall, as soon as possible but in no case later than one-half hour after such motor vehicle crash, or, if hospitalized and incapacitated from reporting at any time during such period, as soon as possible but in no case later than one-half hour after being discharged from the hospital, report the place of the crash, the date, the approximate time, the driver's name and address, the registration number of the vehicle driven, and the names of all other occupants of such vehicle, at a police station or sheriff's office near the place where such crash occurred.
Official text (excerpt) · last checked 2026-09-23 · Read the full text in our law library · Verify at ilga.gov
Cited in 64 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Digirolamo (Illinois Supreme Court 1997, 179 Ill. 2d 24)“…g to report an accident involving personal injury or death (625 ILCS 5/11-401(b) (West 1992)) and with two counts of…”
- People v. Eubanks (Illinois Supreme Court 2019, 2019 IL 123525)“…ilure to report an accident involving death or injury (625 ILCS 5/11-401(b), (d) (West 2008)), and aggravated dr…”
- People v. Lawson (Appellate Court of Illinois 2018, 2018 IL App (4th) 170105)“…bstructing traffic more than is necessary.” 625 ILCS 5/11-401(a) (West 2010). Violation of thi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Illinois Car Accident Laws: Fault, Insurance, and Your Claim
§ 11-402Motor vehicle crash involving damage to vehicleIn forcecited in 2 of our articles
(a) The driver of any vehicle involved in a motor vehicle crash resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such motor vehicle crash or as close thereto as possible, but shall forthwith return to and in every event shall remain at the scene of such motor vehicle crash until the requirements of Section 11-403 have been fulfilled. A driver does not violate this Section if the driver moves the vehicle as soon as possible off the highway to the nearest safe location on an exit ramp shoulder, a frontage road, the nearest suitable cross street, or other suitable location that does not obstruct traffic and remains at that location until the driver has fulfilled the requirements of Section 11-403. Every such stop shall be made without obstructing traffic more than is necessary. If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes. Any person failing to comply with this Section shall be guilty of a Class A misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Digirolamo (Illinois Supreme Court 1997, 179 Ill. 2d 24)“…403's duty to give information and render aid is fulfilled. 625 ILCS 5/11-402, 11-403 (West 1992). Under section 11-4…”
- People v. Thornton (Appellate Court of Illinois 2006, 363 Ill. App. 3d 481)“…ene of an accident without exchanging personal information (625 ILCS 5/11-402(a) (West 2000)) and sentenced to one ye…”
- Townsend v. City of Chicago (Appellate Court of Illinois 2021, 2019 IL App (1st) 180771)“…fficer as attempting to leave the scene of an accident. See 625 ILCS 5/11-402(a) (West 2008) (leaving scene of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 11-403Duty to give information and render aidIn forcecited in 2 of our articles
The driver of any vehicle involved in a motor vehicle crash resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver's name, address, registration number and owner of the vehicle the driver is operating and shall upon request and if available exhibit such driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such crash reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. If none of the persons entitled to information pursuant to this Section is in condition to receive and understand such information and no police officer is present, such driver after rendering reasonable assistance shall forthwith report such motor vehicle crash at the nearest office of a duly authorized police authority, disclosing the information required by this Section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- People v. Digirolamo (Illinois Supreme Court 1997, 179 Ill. 2d 24)“…d (3) render "reasonable assistance" to any injured person. 625 ILCS 5/11-403 (West 1992). Defendant here was convi…”
- People v. Eubanks (Illinois Supreme Court 2019, 2019 IL 123525)“…gistration number, and the name of the vehicle’s owner. See 625 ILCS 5/11-403 (West 2008).…”
- People v. Higgenbotham (Appellate Court of Illinois 2012, 974 N.E.2d 800)“…c law violations, including: failure to render aid (625 ILCS 5/11-403 (West 2008)); operating a motor…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 11-404Duty upon damaging unattended vehicle or other propertyIn force
(a) The driver of any vehicle which collides with or is involved in a motor vehicle crash with any vehicle which is unattended, or other property, resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of the driver's name, address, registration number and owner of the vehicle the driver was operating or shall attach securely in a conspicuous place on or in the vehicle or other property struck a written notice giving the driver's name, address, registration number and owner of the vehicle the driver was driving and shall without unnecessary delay notify the nearest office of a duly authorized police authority and shall make a written report of such crash when and as required in Section 11-407. Every such stop shall be made without obstructing traffic more than is necessary. If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes. (b) Any person failing to comply with this Section shall be guilty of a Class A misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Digirolamo (Illinois Supreme Court 1997, 179 Ill. 2d 24)“…ther vehicle or property must stop and provide information. 625 ILCS 5/11-404 (West 1992). Notably, sections 11-402 a…”
- People v. Walker (Appellate Court of Illinois 2013, 2013 IL App (4th) 120118)“…g the scene of an accident resulting in damage to property (625 ILCS 5/11-404 (West 2010)). Defendant filed a motion…”
- People v. Gaede (Appellate Court of Illinois 2014, 20 N.E.3d 1266)“…to give information after striking an unattended vehicle (625 ILCS 5/11-404 (West 2012)). Defendant refused…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Illinois Compiled Statutes Chapter 720, Act 5 (Criminal Code of 2012)
§ 3-5General limitationsIn forcecited in 2 of our articles
(a) A prosecution for: (1) first degree murder, attempt to commit first degree murder, second degree murder, involuntary manslaughter, reckless homicide, a violation of subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code for the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of a death, leaving the scene of a motor vehicle crash involving death or personal injuries under Section 11-401 of the Illinois Vehicle Code, failing to give information and render aid under Section 11-403 of the Illinois Vehicle Code, concealment of homicidal death, treason, arson, residential arson, aggravated arson, forgery, child sexual abuse material or child pornography under paragraph (1) of subsection (a) of Section 11-20.1, or aggravated child pornography under paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any offense involving sexual conduct or sexual penetration, as defined by Section 11-0.1 of this Code may be commenced at any time.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 58 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- People v. Leavitt (Appellate Court of Illinois 2015, 2014 IL App (1st) 121323)“…hree-year statute of limitations period had expired (720 ILCS 5/3-5(b) (West 2006)). Leavitt further assert…”
- People v. Berg (Appellate Court of Illinois 1996, 214 Ill. Dec. 296)“…ar statute of limitations governing felonies generally (see 720 ILCS 5/3-5(b) (West 1994)). We affirm and remand.…”
- People v. Wells (Appellate Court of Illinois 2017, 2017 IL App (1st) 152758)“…ute of limitations (see 725 ILCS 5/114-1(a)(2) (West 2006); 720 ILCS 5/3-5(b) (West 2006)) and asked to be…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Illinois Statute of Limitations: Filing Deadlines by Case Type
§ 36-1Property subject to forfeitureIn force
(a) Any vessel or watercraft, vehicle, or aircraft is subject to forfeiture under this Article if the vessel or watercraft, vehicle, or aircraft is used with the knowledge and consent of the owner in the commission of or in the attempt to commit as defined in Section 8-4 of this Code: (1) an offense prohibited by Section 9-1 (first degree murder), Section 9-3 (involuntary manslaughter and reckless homicide), Section 10-2 (aggravated kidnaping), Section 11-1.20 (criminal sexual assault), Section 11-1.30 (aggravated criminal sexual assault), Section 11-1.40 (predatory criminal sexual assault of a child), subsection (a) of Section 11-1.50 (criminal sexual abuse), subsection (a), (c), or (d) of Section 11-1.60 (aggravated criminal sexual abuse), Section 11-6 (indecent solicitation of a child), Section 11-14.4 (promoting juvenile prostitution except for keeping a place of juvenile prostitution), Section 11-20.1 (child sexual abuse material), paragraph (a)(1), (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05 (aggravated battery), Section 12-7.3 (stalking), Section 12-7.4 (aggravated stalking), Section 16-1 (theft if the theft…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ilga.gov
Cited in 29 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. One 1998 GMC (Illinois Supreme Court 2011, 355 Ill. Dec. 900)“…ons of the Criminal Code of 1961 (the Criminal Code) (720 ILCS 5/36-1 through 36-4 (West 2006)) are fac…”
- People ex rel. Hartrich v. 2010 Harley-Davidson (Illinois Supreme Court 2018, 2018 IL 121636)“…challenge to the Illinois civil forfeiture statute (720 ILCS 5/36-1 (West 2012)). She argued that th…”
- People v. ex rel. Hartrich v. 2010 Harley-Davidson (Appellate Court of Illinois 2016, 2016 IL App (5th) 150035)“…r’s license was revoked due to a prior DUI conviction (720 ILCS 5/36-1(a)(6)(A)(i) (West 2014)). ¶6 The…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Illinois Compiled Statutes Chapter 735, Act 5 (Code of Civil Procedure)
§ 13-202Personal injury - PenaltyIn forcecited in 7 of our articles
Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation that may proceed pursuant to subsection (a) of Section 7.1 of the Criminal Conversation Abolition Act, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued but such an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the "Criminal Victims' Escrow Account Act" shall be commenced within 2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the 2-year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later.
Official text (excerpt) · last checked 2026-09-08 · Read the full text in our law library · Verify at ilga.gov
Cited in 460 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Landis v. Marc Realty, L.L.C. (Illinois Supreme Court 2009, 235 Ill. 2d 1)“…ns period in section 13-202 of the Code of Civil Procedure (735 ILCS 5/13-202 (West 2004)) applied to section 5-12-08…”
- Hernandez v. Pritikin (Illinois Supreme Court 2012, 981 N.E.2d 981)“…itations for a personal injury or product liability action (735 ILCS 5/13-202, 13-213 (West 1998) (two-year li…”
- Relf v. Shatayeva (Illinois Supreme Court 2013, 2013 IL 114925)“…ar statute of limitations for personal injury actions (735 ILCS 5/13-202 (West 2010)) was about to expire, plain…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Illinois Dog Bite Laws: Liability and Victim Rights, Motorcycle Accident Laws in Illinois (2026): Deadlines & Helmets, Illinois Slip and Fall Laws: Proving Premises Liability
Sources and References
- 625 ILCS 5/11-401: Motor vehicle crashes involving death or personal injuries(ilga.gov).gov
- 625 ILCS 5/11-402: Motor vehicle accidents involving damage to vehicle(ilga.gov).gov
- 625 ILCS 5/11-403: Duty to give information and render aid(ilga.gov).gov
- 625 ILCS 5/11-404: Duty to report crashes to IDOT(ilga.gov).gov
- 720 ILCS 5/3-5: General limitations for criminal prosecutions(ilga.gov).gov
- 720 ILCS 5/36-1: Seizure and forfeiture of vehicles(ilga.gov).gov
- 735 ILCS 5/13-202: Personal injury statute of limitations(ilga.gov).gov
- IDOT Crash Reports and SR 1050 Reporting(idot.illinois.gov).gov
- Illinois Roadway Crash Data(idot.illinois.gov).gov
- IIHS Fatality Facts 2023: State by State(iihs.org)
- Illinois Secretary of State: Safety and Financial Responsibility Law(ilsos.gov).gov
- IDOI Auto Insurance Definitions(idoi.illinois.gov).gov
- 730 ILCS 5/5-4.5-35: Class 2 felony sentence(ilga.gov)
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