Should I Claim It?

No state limits on surcharges

Illinois car accident insurance laws

Written by Todd Whittington, EditorLast reviewed Verified 2026-10-19

What an at-fault accident costs with each insurer

Here is what each large insurer's rate typically does after one at-fault accident, and whether it offers accident forgiveness in Illinois.

InsurerTypical rise after one at-fault accident industry_typicalHow long industry_typicalAccident forgiveness in Illinois carrier_guidance
State Farm29%3 yearsNo product foundNo State Farm accident forgiveness product page was found (statefarm.com/insurance/auto/accident-forgiveness returns 404). State Farm advises checking whether your policy includes any forgiveness feature.
Progressive50%3 yearsYesFree Small Accident Forgiveness (first claim of about $500 or less) and free Large Accident Forgiveness (5+ years as a customer, accident- and violation-free) through Loyalty Rewards; a paid add-on forgives one accident per policy period. Paid add-on not available in all states.
GEICO74%3 yearsYesGEICO Claim Forgiveness waives the surcharge for the first qualifying at-fault loss, per policy (not per driver). Earned free after 5 years accident-free (may not apply under 21), or purchased.
Allstate56%3 yearsSome states; askAllstate says forgiveness is not available in every state and does not name them; confirm it for Illinois.
USAA42%3 yearsSome states; askUSAA says forgiveness is not available in every state and does not name them; confirm it for Illinois.
Nationwide59%3 yearsYesNationwide lists Accident Forgiveness as an optional coverage on its Illinois page.
Farmers50%3 yearsYesOptional paid Accident Forgiveness on Farmers Flex Personal and Smart Plan Automobile policies forgives one at-fault accident every 3 years; Flex customers are offered it free after 36 continuous months.
Liberty Mutual49%National average; Liberty Mutual isn't in the source table.3 yearsYesOptional Accident Forgiveness: your price won't go up because of your first accident. Requires 5 years accident- and violation-free (5 consecutive clean years for drivers 25 and under); new customers only per the footnote. Cost not stated.
Other / not sure49%3 yearsAsk your insurerAsk whether your policy has accident forgiveness and whether you qualify.

industry_typical: the rise is computed from NerdWallet's national table of full-coverage rates (one at-fault accident with $10,000 of property damage), not from a Illinois rate filing; we have not read any insurer's Illinois filing yet. The length is the 3-year floor NerdWallet states. carrier_guidance: each insurer's own website, read October 19, 2026; the insurer name links to the page we read. NerdWallet source.

How long an accident affects your rate in Illinois

No statutory limit in Illinois; carriers typically use 3 years. No Illinois statute or insurance rule we found caps how long an at-fault accident can raise your rate. Industry sources say a rate increase lasts at least three years, and some insurers look back five. industry_typical

“An at-fault accident can increase your auto insurance rates for at least three years, depending on your state and insurer.” — NerdWallet

Illinois has no law limiting how long an insurer can use an at-fault accident to raise your rate. Insurers set their own surcharge rules and file them with the Department of Insurance.

“For private passenger auto and motorcycle, rate and rule filings are use and file.” — IDOI Review Requirements Checklist, Private Passenger Auto

Your rate is only one of three records. The others:

More on all three: how long an accident stays on your record.

Does Illinois limit accident rate increases?

Illinois has no law that limits accident rate increases: no not-at-fault rule, no dollar floor, and no time limit. No Illinois statute or rule limits accident surcharges. IDOI's Private Passenger Auto Review Requirements Checklist (Feb. 2025) lists four surcharge rules, none about accidents.

Does Illinois regulate accident forgiveness?

Illinois has no accident-forgiveness rule. Starting with renewal notices sent on or after July 1, 2027, insurers must warn you at least 30 days before renewal if your auto premium is going up more than 10%. Today, if an insurer drops you, it must give you the specific reasons, and you can appeal to the Director of Insurance.

“no company may impose renewal premium increases of more than 10% for lines of business enumerated in subsection (a) of Section 143.13” — 215 ILCS 5/143.17(b-5), as amended by P.A. 104-0753 (eff. 7-1-27)
“apply to renewal premium notices sent on or after July 1, 2027.” — P.A. 104-0753, new 215 ILCS 5/143.17(g)
“A named insured who wishes to appeal the reasons for cancellation or nonrenewal pursuant to Sections 143.16a and 143.19 through 143.24” — 215 ILCS 5/143.23

How forgiveness works, and its catches: our accident forgiveness guide.

When you must report a crash in Illinois

To the police

If no officer is at the scene, call police by the fastest way you can when a crash hurts or kills someone, or causes more than $1,500 in property damage. The limit is $500 if any vehicle in the crash had no insurance.

“give notice of the crash by the fastest available means of communication to the local police department if such crash occurs within a municipality” — 625 ILCS 5/11-407(a)

To the state

Illinois drivers no longer have to file their own crash report with the state. The old law requiring a driver report (the SR-1/SR1B Motorist Report to IDOT) was repealed in 2021. Police still file the official crash report.

“Sec. 11-406. (Repealed). (Source: P.A. 95-754, eff. 1-1-09. Repealed by P.A. 102-560, eff. 8-20-21.)” — 625 ILCS 5/11-406 (repealed by P.A. 102-560, eff. 8-20-21)
“a motorist involved in a motor vehicle crash will not need to fill out an SR1B Illinois Motorist Report and send it to the Illinois Department of Transportation.” — IDOT, Crash Reports page
“Municipalities may by ordinance require that the driver or owner of a vehicle involved in a traffic crash file with the designated municipal office a written report” — 625 ILCS 5/11-415

Reporting an accident is not the same as filing a claim

Reporting to the police or the state is the law. Telling your insurer about a crash is a condition of your policy: auto policies generally require prompt notice of an accident, even if you never ask them to pay. Filing a claim means asking your insurer to pay for damage. You can report a crash and still pay for your own repair. Not telling your insurer at all can backfire: if the other driver files against you later, your insurer can point to the notice clause.

“If you are involved in an auto accident, you should promptly report it to your insurance company, as well as to the local police department.” — New York Department of Financial Services, Filing Claims Under Your Own Policy

We found no Illinois rule on whether an insurer can raise your rate for a crash you reported but didn't claim. We could not verify this against a primary source. Not verified

If the other driver was at fault

If the other driver caused the crash, you may also be owed your car's lost resale value after the repair. Illinois diminished value rules cover who pays, the deadline and what happens if you were partly at fault.

What this means when you're deciding

  1. Call the police if no officer came and anyone is hurt or damage tops $1,500 ($500 if a car involved has no insurance). You no longer file your own crash report with the state.
  2. No state limits. Illinois doesn't cap the size or length of an accident surcharge, so your insurer's rules decide. Ask how many years it surcharges before you file a small claim.
  3. Starting July 1, 2027, insurers must warn you at least 30 days ahead before a renewal increase of more than 10%.
  4. The other driver at fault? Claim against their insurer, and check whether your car lost resale value.

Your fault, or not sure? File a claim or pay the shop?

The collision calculator weighs what a claim pays after your deductible against what the accident adds to your premium, with your state's rules.

Run the collision calculator →

Not your fault? Check what your car lost in value.

The diminished value calculator runs the insurer's formula on your car and says whether a claim is worth your time.

Run the diminished value calculator →

Other states

Sources

We read every cited source on October 19, 2026. We cite statutes, regulations and official state pages, not law-firm or comparison-site summaries. Anything we could not check against a primary source is marked "Not verified". Data: accident-state-rules.json.

More Illinois rules