By the Lapera Insurance Team · Reviewed by Joe Lapera, Licensed Illinois Insurance Agent (IL Lic #100722394)
The questions arrive in a specific order after a crash. Is everyone okay. Who pays for this. And then, a few days later, what is this going to do to my insurance. The honest answer depends mostly on one thing, fault, and on a few decisions you make in the first week. Here is how Illinois assigns fault, what you are actually required to report and to whom, how a carrier decides whether to surcharge you, and what you can do to keep an accident from following you longer than it has to.
In Illinois, whether your rate goes up after an accident depends mainly on fault. Illinois is an at-fault state using modified comparative negligence, and an at-fault accident is what typically triggers a surcharge, which most carriers apply for roughly three to five years. A crash you did not cause is generally paid by the other driver's insurer and usually does not carry the same surcharge. You must report injury crashes to police immediately, but Illinois drivers no longer file a separate crash report with IDOT.
Most of what circulates online about accidents and insurance was written for a generic state, and some of it is simply out of date for Illinois. Several highly ranked pages still tell drivers they must mail a crash report to the Illinois Department of Transportation within ten days. That requirement was eliminated. This guide covers the Illinois version: current reporting rules, how fault is decided under Illinois law, how carriers decide what an accident costs you, and the handful of choices after a crash that actually change the outcome.
Will Your Insurance Go Up After an Accident in Illinois?
TL;DR: If you were at fault it probably will, and if you were not at fault it usually will not, though the exact effect depends on your carrier's rating plan.
| Situation | Typical rate effect | Why |
|---|---|---|
| You caused the accident, with a paid claim | Surcharge likely | At-fault claims are the core of every carrier's accident rating |
| Shared fault, you were the larger share | Surcharge likely | Carriers generally treat a majority share of fault as at-fault |
| The other driver caused it | Usually no surcharge | The other driver's liability coverage pays; the claim is not charged to you |
| Hit while legally parked | Usually no surcharge | No realistic fault can be assigned to you |
| Deer or animal strike | Usually treated as comprehensive | Not a collision claim, and generally not rated as an at-fault accident |
| Several not-at-fault claims in a short span | Can still matter | Claim frequency can affect eligibility and tier even without fault |
The honest caveat is that there is no single Illinois surcharge schedule. Each carrier files its own rating plan with the Department of Insurance, and those plans differ on how much an accident costs, how long it counts and whether small claims are forgiven. That variation is exactly why the same accident can cost two drivers very different amounts, and why shopping after an at-fault accident sometimes helps and sometimes does not.
Lapera Insurance Agency is a Farmers Insurance agency at 530 Barron Blvd in Grayslake, Illinois. Our team has walked Illinois drivers through accident claims since 1993, with over 40 years of combined experience, and we stay involved after the crash instead of handing you a claim number. Every guide on this site is reviewed by a licensed Illinois agent before it publishes.
How Does Illinois Decide Who Was at Fault?
TL;DR: Through modified comparative negligence, which splits fault by percentage and bars recovery for anyone more than 50% responsible.
Illinois follows modified comparative negligence under 735 ILCS 5/2-1116. The Illinois Department of Insurance summarizes it on its comparative negligence page: an injured party can recover only if their own share of fault is not more than 50%, and any recovery is reduced in proportion to that share. At 30% at fault, you can still collect 70% of your damages from the other driver. At 51%, you collect nothing from them.
Fault is argued, not announced. The police report matters, but it is not the final word; adjusters weigh photos, statements, vehicle damage patterns, witness accounts and the traffic code. Which means the ten minutes after a crash, when evidence is fresh, genuinely affect both your claim and your future rate.
- Photograph everything before the vehicles move if it is safe: positions, damage, skid marks, signals, signs, weather and road conditions.
- Get names and contact details for witnesses. Independent witnesses are the most persuasive evidence in a disputed fault case.
- Exchange insurance and license information with every driver involved.
- Do not argue fault at the scene. Describe what happened factually to police and to your carrier. Fault is determined later, not by what anyone says on the shoulder.
- Be careful with the other carrier. You are not required to give the other driver's insurer a recorded statement. Talk to your own carrier or agent first.
What Do You Have to Report After an Illinois Crash, and to Whom?
TL;DR: Injury or fatal crashes go to police immediately, your own insurer should hear promptly, and the old requirement to mail a report to IDOT no longer applies.
This is where outdated information causes real confusion. Illinois drivers used to be required to complete an SR-1 Illinois Motorist Report and send it to IDOT for crashes above certain damage thresholds. According to the Illinois Department of Transportation, under Public Act 102-0560 a motorist involved in a crash no longer needs to complete that report and send it to IDOT. The ten-day filing you still see described on many websites now refers to law enforcement submitting its crash reports to IDOT, not to you.
| Who | What to report | When |
|---|---|---|
| Police | Required for any crash involving injury or death | Immediately. If no officer comes to the scene, report to the nearest police department as soon as possible |
| Your insurer | Required by your policy for any accident that could produce a claim | Promptly. Policies require prompt notice, and late notice can complicate a claim |
| IDOT, by the driver | No longer required SR-1 motorist report eliminated by Public Act 102-0560 | Not applicable |
| Illinois Secretary of State | Only in specific situations such as an uninsured-driver crash that triggers financial responsibility requirements | As directed by the Secretary of State |
Notifying your carrier is not the same as filing a claim, and it protects you if the other driver later claims injuries or damage you did not see at the scene. Leaving the insurer out of it to protect your rate is the move most likely to backfire, because a claim reported weeks late is harder to defend and can breach the policy's notice condition.
Whose Insurance Pays After an Illinois Accident?
TL;DR: The at-fault driver's liability coverage pays the other party, and your own collision coverage can repair your car faster while the carriers settle fault between themselves.
- If the other driver was at fault, you can file with their liability insurer for your repairs and injuries. You pay no deductible, but you wait on their investigation.
- You can also use your own collision coverage to get the car repaired sooner. Your carrier then pursues the other insurer through subrogation and, if successful, typically refunds your deductible. A subrogated not-at-fault claim is generally not treated as your at-fault accident.
- If you were at fault, your liability coverage pays the other party's damage and injuries up to your limits, and your collision coverage repairs your car minus the deductible.
- Medical payments coverage pays medical bills for you and your passengers regardless of fault, which helps while fault is being argued.
- Rental reimbursement covers a rental while your car is in the shop, if you carry it. The at-fault driver's insurer should also cover a reasonable rental on an accepted claim.
Deadlines matter if a claim turns into a lawsuit. Illinois generally allows two years to file a personal injury suit and five years for property damage, under 735 ILCS 5/13-202 and 13-205. Insurance claims, by contrast, should be reported within days, not years, under your policy's notice terms.
A driver is rear-ended at a light on Route 83 and has $6,200 in damage. Illustrative path A: they file with the other driver's insurer, pay no deductible, wait two weeks for liability to be accepted, and see no surcharge because they were not at fault. Illustrative path B: they file under their own collision to get the car fixed immediately, pay a $500 deductible, and receive it back after their carrier recovers from the other insurer. Same crash, same eventual rate result, different timing and cash flow. Figures are illustrative and not a claim determination or a promise of recovery.
How Long Does an Accident Affect Your Rate in Illinois?
TL;DR: Typically three to five years from the accident date, depending on the carrier, with the effect usually shrinking as the accident ages.
Carriers generally look back three to five years at accidents and violations when rating a policy, and many reduce the weight of an accident as it ages. A single at-fault accident usually stops affecting your premium once it falls outside the carrier's look-back window. Multiple accidents or an accident combined with violations can move you into a different rating tier entirely, which is a larger and longer effect than a single surcharge.
The look-back window
Usually three to five years. Ask your carrier which applies and when the surcharge drops off.
Aging accidents weigh less
Many rating plans reduce an accident's effect year over year rather than removing it all at once.
Claims history databases
Auto claims are recorded in industry databases that other carriers check when you shop, so switching does not erase the accident.
Tier changes last longer
Multiple incidents can move you into a different tier or a different company's appetite, which outlasts a single surcharge.
What If the Driver Who Hit You Has No Insurance?
TL;DR: Your own uninsured motorist coverage, which Illinois requires on every policy, pays for your injuries, and your collision coverage handles the car.
Illinois has a real uninsured driver problem: the Insurance Research Council estimated 16.3% of Illinois drivers were uninsured in 2022, roughly one in six (IRC data via the Insurance Information Institute). That is why Illinois requires uninsured motorist bodily injury coverage on every auto policy.
- Uninsured motorist bodily injury pays your medical bills and related losses when the at-fault driver has no insurance or leaves the scene.
- Your collision coverage handles the vehicle damage, subject to your deductible, if you carry it.
- Underinsured motorist coverage helps when the at-fault driver had insurance but not enough to cover your injuries.
- The uninsured driver faces consequences with the state. The Illinois Secretary of State can require financial responsibility filings, commonly an SR-22 maintained for three years, after an uninsured crash.
- An uninsured-driver claim you did not cause is generally not treated as your at-fault accident for rating purposes.
How Can You Limit the Rate Impact of an Accident?
TL;DR: Document fault carefully, ask about accident forgiveness, and do a real coverage and discount review at the next renewal instead of simply accepting the surcharge.
Build the fault record
Photos, witnesses and a police report are what move a disputed accident from at-fault to not-at-fault, which is the single biggest rate lever there is.
Check accident forgiveness
Many carriers offer programs that waive the surcharge on a first at-fault accident, sometimes earned through tenure and sometimes purchased. Know before you need it.
Tune the deductible
If the surcharge stings, a higher collision deductible can offset some of it without reducing what you are covered for.
Recover every discount
Bundling, defensive driving, telematics, multi-car and paid-in-full can offset a surcharge. Ask what applies.
Shop the renewal carefully
Carriers weigh accidents differently. After an at-fault accident, comparing the same coverage across companies is worth doing.
Do not drop coverage
Cutting liability limits or uninsured motorist coverage to save on a surcharge trades a temporary cost for a permanent risk.
For the coverage side of all this, including why 25/50/20 is not enough, see the Illinois auto insurance guide. For why premiums have risen even for drivers with no accidents, read why car insurance is so expensive in Illinois. If an accident led to a filing requirement, our SR-22 page walks the process. If your coverage had lapsed, start with getting insured after a lapse in Illinois, and if your claim is denied or stalled, read what to do after an Illinois claim denial.
The Bottom Line
After an Illinois accident, fault decides almost everything about your rate. An at-fault accident typically carries a surcharge for three to five years; a crash someone else caused usually does not, and the other driver's insurer or your own carrier through subrogation should cover it. The rules on reporting are simpler than much of the internet suggests: police for injury crashes, your insurer promptly, and no separate report to IDOT anymore.
The choices that matter most happen early: the evidence you gather at the scene, the notice you give your carrier, and whether you file under your own coverage or the other driver's. If you have just been in an accident and want someone to walk through the claim with you, or you are staring at a surcharge on your renewal, call our Grayslake office. That is exactly the kind of conversation we are here for.
Related Questions
Does your insurance go up after an accident that was not your fault in Illinois?
Usually not. When the other driver is at fault, their liability insurer pays, and carriers generally do not treat that claim as your at-fault accident. If you use your own collision coverage and your carrier recovers from the other insurer, the claim is typically still treated as not-at-fault. Several claims in a short period can matter even without fault, depending on the carrier.
Do you have to report a car accident to IDOT in Illinois?
Not anymore as a driver. Under Public Act 102-0560, Illinois motorists no longer need to complete the SR-1 Illinois Motorist Report and send it to the Illinois Department of Transportation, according to IDOT. You must still report crashes involving injury or death to police immediately, and you should notify your own insurer promptly under your policy.
How long does an accident stay on your insurance in Illinois?
Most carriers look back three to five years when rating accidents and violations, and many reduce an accident's effect as it ages. Once an at-fault accident falls outside a carrier's look-back window, it typically stops affecting the premium, although it remains in industry claims databases that other carriers can see.
What happens if you are partly at fault for an accident in Illinois?
Illinois uses modified comparative negligence under 735 ILCS 5/2-1116. You can recover damages from the other driver only if your share of fault is not more than 50%, and your recovery is reduced by your percentage of fault. For rating purposes, carriers generally treat a majority share of fault as an at-fault accident.
What if you are hit by an uninsured driver in Illinois?
Your uninsured motorist bodily injury coverage, which Illinois requires on every auto policy, pays for your injuries, and your collision coverage pays for vehicle damage if you carry it. The Insurance Research Council estimated 16.3% of Illinois drivers were uninsured in 2022. A crash caused by an uninsured driver is generally not treated as your at-fault accident.
Should you file a claim for a small accident in Illinois?
You should always notify your insurer of an accident that could produce a claim, because late notice can jeopardize coverage if the other party later claims injury. Whether to have your carrier pay a small at-fault repair is a separate decision; talk through the likely surcharge with your agent before deciding to pay a minor repair yourself.
Last reviewed September 2026 by Joe Lapera, Licensed Illinois Insurance Agent (IL Lic #100722394). Figures verified against the sources linked above on that date.