Key Takeaways
- The at-fault driver owes you for the time without a car. Illinois calls it loss of use: the reasonable rental value of a similar vehicle for the time reasonably needed to repair or replace yours (IPI Civil 30.16).
- The insurer has to pay the rental bill. When liability is reasonably clear, the at-fault driver’s insurer must pay the reasonable and necessary cost of renting another car once you submit and back up the claim (50 Ill. Adm. Code 919.80(d)(2)).
- A total loss still earns a rental. Loss of use runs for the time reasonably needed to replace a destroyed car, not just to repair a damaged one. If your own insurer totals the car, it must send you the total-loss information within 7 days.
- Insurers are on the clock. If a claim against the other driver’s insurer is still open after 60 days, it owes you a written explanation; your own insurer owes one on a collision claim after 40 days (919.80(b)).
- Shared fault shrinks the payment. The insurer pays rental in proportion to its driver’s share of fault, and a driver found more than 50% at fault recovers nothing (735 ILCS 5/2-1116). Keep every receipt, because the claim has to be substantiated.
A crash that was not your fault can leave you without a car for weeks while you still have to get to work, school and medical appointments. Illinois law treats that lost time as part of your damages. This guide explains who pays for a rental car after an accident in Illinois, for how long, what to do when your car is totaled, and the deadlines insurers have to meet. Every rule below is linked to the Illinois statute, Department of Insurance rule or Supreme Court jury instruction it comes from.
Who Pays for a Rental Car After an Accident in Illinois?
If another driver caused the crash, that driver’s liability insurance is responsible for your rental. Illinois juries are instructed that a person whose property is damaged can recover “the reasonable rental value of similar property for the time reasonably required for the repair” or replacement of the property (Illinois Pattern Jury Instructions, Civil 30.16). Lawyers and adjusters call this loss of use.
The Illinois Department of Insurance turns that principle into a claims-handling rule. In a property damage liability claim where liability is reasonably clear, the insurer “shall pay for the reasonable and necessary costs” of renting another car, in proportion to its share of liability, as long as the loss of use claim is submitted and substantiated (50 Ill. Adm. Code 919.80(d)(2)). In plain terms: if the other driver was clearly at fault, their insurer should pay for a reasonable rental while your car is out of service, and you need the paperwork to show what it cost.
Illinois is an at-fault state, and every vehicle registered here must carry liability coverage that includes at least $20,000 for damage to other people’s property in a single crash (625 ILCS 5/7-601 and 7-203). Rental costs come out of that property damage limit along with your repair bill, so in a serious crash the limit can run out. When it does, your own coverage is the backstop.
Three Ways to Get a Rental Car After a Crash
Most people have more than one possible source of a rental. Which one to use depends on how quickly the at-fault insurer accepts responsibility.
| Source | When it applies | What it pays | The catch |
|---|---|---|---|
| The at-fault driver’s insurer | The other driver caused the crash and liability is reasonably clear | Reasonable and necessary rental costs for a similar vehicle, for the time reasonably needed to repair or replace yours | Can be slow to accept fault; reduced if you share fault; comes out of the driver’s property damage limit |
| Your own rental reimbursement coverage | You bought this optional add-on, and the damage is covered under your policy | A daily amount up to your policy’s limit, subject to any limit on days in your policy | Not every policy has it; you pay anything over the daily cap; your insurer may seek repayment from the at-fault driver later |
| Your own uninsured motorist property damage coverage | The at-fault driver has no insurance and you bought this coverage | Damage to your car, up to its actual cash value or your policy limit, whichever is less, with a deductible of no more than $250 | Insurers must offer it, but it is not automatic; check whether your policy also pays rental (215 ILCS 5/143a(2)) |
A common approach is to start a claim with the at-fault driver’s insurer right away and, if it has not accepted liability within a few days, use your own rental coverage in the meantime. Your own insurer can then pursue the other driver’s insurer for what it paid. Our guide to Illinois auto insurance coverage types explains rental reimbursement and the other optional coverages, and our post on uninsured and underinsured motorist coverage covers crashes with drivers who have too little insurance or none.
How Long Will Insurance Pay for a Rental Car?
For “the time reasonably required” to repair or replace your car (IPI Civil 30.16). There is no fixed number of days in Illinois law. The question in any dispute is what was reasonable:
- If your car is repairable, the rental period usually tracks how long a reasonable repair should take, including the wait for parts and an open repair bay.
- If your car is a total loss, the period usually tracks how long it should reasonably take to receive the settlement and buy a comparable replacement.
- If you delay, for example by leaving the car at the shop without authorizing repairs, the insurer may argue the extra days were not reasonable.
Ask the adjuster in writing how many days it has authorized and why. If the shop says repairs will take longer, send the shop’s written estimate of the timeline to the adjuster before the authorized period ends.
Do You Have to Rent a Car to Be Paid for Loss of Use?
Not in court. The Illinois Supreme Court’s committee on jury instructions notes that loss of use damages are available “even though rental of similar property is not undertaken” by the person whose car was damaged, citing Trailmobile Division of Pullman, Inc. v. Higgs, 12 Ill. App. 3d 323 (5th Dist. 1973). You still have to prove what the loss was worth, and the cost of renting a replacement vehicle is the usual measure (Plesniak v. Wiegand, 31 Ill. App. 3d 923 (1st Dist. 1975), as cited in the IPI 30.16 comment).
The claims rule is narrower. The Department of Insurance rule requires the insurer to pay costs “incurred in the rental of another automobile,” so an adjuster handling a claim before any lawsuit will usually expect an actual rental agreement and receipts. If you got by without a car, for example by borrowing one or using rideshares, keep records of what it cost and tell the adjuster.
What Kind of Car, and How Much Per Day?
The measure is the rental value of similar property (IPI Civil 30.16). That generally means a vehicle comparable to yours in size and type: a minivan for a family that drove a minivan, a pickup for someone who needs a truck for work. It does not mean an upgrade.
Some insurers offer a flat amount per day, week or month instead of paying the actual bill. Illinois allows that, with a condition: an insurer that pays a flat rental amount “must disclose to the claimant where the claimant can obtain a vehicle for the amount of its payment” (50 Ill. Adm. Code 919.80(d)(2)). If the daily rate the adjuster offers does not rent a comparable car anywhere near you, ask where it does.
The Deadlines Illinois Puts on Insurers
The Department of Insurance’s improper claims practice rule sets several clocks that matter while you are without a car. The chart shows the ones that apply to auto claims.
- 30 days to pay what is not disputed. Every insurer must affirm or deny liability within a reasonable time and offer payment within 30 days after affirming liability, if the amount is determined and not in dispute (919.50(a)).
- 60 days on a claim against the other driver. If an auto property damage liability claim is unresolved more than 60 calendar days after it was reported, the insurer must give the claimant a reasonable written explanation for the delay, along with notice that the Department of Insurance is available to help (919.80(b)(3)).
- 40 days on your own collision claim. The same written explanation is owed to you by your own insurer after 40 calendar days (919.80(b)(2)).
What If Your Car Is Totaled?
You are still owed loss of use. IPI Civil 30.16 expressly covers the time reasonably required for the “replacement” of the property, so the rental period runs until you reasonably could have replaced the car, not just until the insurer declared it a total loss.
Against the at-fault driver, the measure of the car itself is its fair market value immediately before the crash, minus its salvage value afterward (IPI Civil 30.14 and 30.15). If you are settling the total loss through your own collision coverage instead, Illinois gives you specific protections (50 Ill. Adm. Code 919.80(c)):
- Within 7 days of deciding the car is a total loss, your insurer must provide the total-loss information the rule requires.
- The insurer must either offer a comparable replacement vehicle or pay a cash settlement based on one of the valuation methods the rule allows, and it must keep documentation of how it reached the value.
- If, within 30 days after receiving the claim check, you cannot buy a comparable car for that amount, the insurer must reopen the claim and either find you one, pay the difference, offer a replacement or go to appraisal. That duty does not apply if the insurer’s settlement paperwork already identified a specific comparable car, by VIN, that you could have bought for the settlement amount.
- If you buy or lease a replacement within 30 days of the settlement, the insurer must reimburse the sales tax and title and transfer fees, as long as you send proof within 33 days.
- Deductions for “dealer prep” or “get ready to go” charges are prohibited.
For more on what happens to the car itself, see whether you can keep a totaled car, and if your car was repaired but is now worth less, our guide to diminished value claims in Illinois.
Towing and Storage Charges
Storage fees at a tow yard can quietly eat into a settlement. Under the same rule, an insurer must give its insured reasonable notice before it stops paying storage charges, enough time to move the car first. Unless the insurer named a specific towing company before you used another one, it must pay all reasonable towing charges no matter which company towed the car (919.80(d)(3)). Move the car or authorize repairs promptly once you get a storage cutoff notice.
What If You Were Partly at Fault?
Illinois uses modified comparative fault. If you were 50% or less at fault, your damages are reduced by your percentage of fault; if you were more than 50% at fault, you cannot recover from the other driver at all (735 ILCS 5/2-1116). The rental rule follows the same logic: the insurer pays rental costs “in direct proportion to the extent of its liability” (919.80(d)(2)). So if the other driver is found 80% at fault, that driver’s insurer owes 80% of a reasonable rental bill. Disputes over fault are a common reason an insurer will not pay for a rental at the start of a claim; our page on proving fault in a car accident explains the evidence that settles them.
What If the Insurer Stalls or Refuses?
Illinois law lists improper claims practices, including “not attempting in good faith to effectuate prompt, fair and equitable settlement of claims submitted in which liability has become reasonably clear” and refusing to pay claims without a reasonable investigation (215 ILCS 5/154.6(d) and (h)). You can file a complaint with the Illinois Department of Insurance, and the written delay notices described above must tell you the Department is available.
Disputes with your own insurer carry an extra remedy. If a court finds that an insurer’s delay in settling a claim under its policy was “vexatious and unreasonable,” it can add reasonable attorney fees and other costs, plus an extra amount that may not exceed one of three measures: 60% of the recovery, $60,000, or the amount by which the recovery exceeds what the insurer offered before the lawsuit (215 ILCS 5/155).
How Long Do You Have to Sue?
| Claim | Deadline |
|---|---|
| Damage to your car, including loss of use | 5 years from the crash (735 ILCS 5/13-205) |
| Your own injuries | 2 years from the crash (735 ILCS 5/13-202) |
| Claims against a city, county or other local government | Generally 1 year (745 ILCS 10/8-101) |
If you were hurt, the 2-year injury deadline is the one that matters, and the vehicle claim should be handled with it. Crashes involving a government vehicle or a CTA bus run on shorter clocks; see our guide to suing a city, county or the State in Illinois.
What to Do Now: A Rental Car Checklist
- Open a claim with the at-fault driver’s insurer. Get the claim number and the adjuster’s name, and ask in writing whether the insurer accepts liability and will pay for a rental.
- Check your own policy. Look for rental reimbursement coverage, its daily cap and its day limit, so you have a fallback if the other insurer stalls.
- Rent a comparable vehicle, not an upgrade. Keep the rental agreement, every receipt and the daily rate.
- Get the repair timeline in writing. Send the shop’s estimate and any parts delays to the adjuster before the authorized rental days run out.
- If you are offered a flat daily rate, ask the adjuster where a comparable car can be rented for that amount.
- If the car is totaled, ask for the valuation documents, and note the 30-day windows for buying a replacement and challenging the value.
- Track the dates. Note when you reported the claim so you know when the 40-day and 60-day explanation deadlines arrive.
- Get medical care and talk to a lawyer if you were hurt. Injury claims have a 2-year deadline and involve far more money than the rental.
Our post on who pays for car repairs after an accident covers the repair side of the same claim.
When to Talk to a Car Accident Lawyer
Many rental disputes are resolved directly with an adjuster, and you do not need a lawyer to submit receipts. A lawyer matters most when you were injured, when the insurer disputes fault, when the at-fault driver’s limits are too small to cover everything, or when an insurer simply stops responding. In an injury case, the property damage and rental claim are often handled alongside the larger claim for medical bills, lost income and pain and suffering.
Our Illinois car accident lawyers handle these claims statewide, including in Chicago, Naperville, Rockford, Joliet, Springfield, Champaign, Aurora, Elgin, Cicero, Oak Brook, Peoria and Elmhurst.
Frequently Asked Questions
Who pays for my rental car if the accident was not my fault in Illinois?
The at-fault driver’s liability insurer. Illinois law lets you recover the reasonable rental value of a similar vehicle for the time reasonably needed to repair or replace your car, and a Department of Insurance rule requires the insurer to pay reasonable and necessary rental costs once liability is reasonably clear and you submit and back up the claim.
How long will insurance pay for a rental car after an accident?
For the time reasonably required to repair or replace your car. Illinois law sets no fixed number of days. If the car is repairable, the period usually follows a reasonable repair time; if it is totaled, it usually follows the time reasonably needed to get paid and buy a comparable replacement.
Do I get a rental car if my car is totaled?
Yes. Loss of use in Illinois covers the time reasonably required to replace a destroyed car, not just to repair a damaged one. If your own insurer totals the car, it must send you its total-loss information within 7 days of that decision.
Can I get paid for loss of use if I did not rent a car?
In court, yes. Illinois courts allow loss of use damages even when no replacement was rented, as long as you prove the value, usually with the cost of renting a similar car. Before a lawsuit, adjusters usually expect a rental agreement and receipts, so keep records of any costs you had getting around.
Does the insurer have to give me a car like mine?
The measure is the rental value of similar property, which generally means a vehicle comparable to yours in size and type, not an upgrade. If the insurer pays a flat daily rate instead of the actual bill, Illinois requires it to tell you where you can rent a vehicle for that amount.
What if I was partly at fault for the crash?
The other driver’s insurer pays rental costs in proportion to its driver’s share of fault, so at 80% fault it owes 80% of a reasonable rental bill. Under Illinois comparative fault, a driver found more than 50% at fault cannot recover from the other driver at all.
How long does an insurance company have to settle a property damage claim in Illinois?
An insurer must offer payment within 30 days after it accepts liability, if the amount is not in dispute. If a claim against the other driver’s insurer is still unresolved after 60 days, the insurer must send you a written explanation for the delay; your own insurer owes one on a collision claim after 40 days.
Hurt in a Crash That Wasn't Your Fault?
Tell us what happened and we will explain what the other driver’s insurer owes you, from the rental car to your medical bills.
No fee unless we win.
Sources
- Illinois Supreme Court, Illinois Pattern Jury Instructions, Civil: IPI 30.14, 30.15 and 30.16 (damage to personal property and loss of use), with the committee comments. The cases named in this article are as cited in those comments.
- Illinois Department of Insurance, Improper Claims Practice rule, 50 Ill. Adm. Code 919: Section 919.50 (required practices for all insurers) and Section 919.80 (private passenger auto claims, including loss of use, delays, total losses, towing and storage).
- Illinois Insurance Code, 215 ILCS 5: Sections 143a (uninsured motorist coverage, including property damage), 154.6 (improper claims practices) and 155 (vexatious delay).
- Illinois Vehicle Code, 625 ILCS 5: Sections 7-601 (required liability insurance) and 7-203 (minimum limits).
- Code of Civil Procedure, 735 ILCS 5: Sections 2-1116 (comparative fault), 13-202 (2-year injury deadline) and 13-205 (5-year property damage deadline).
- Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/8-101 (1-year limit for claims against local public entities).
- Illinois Department of Insurance, How to File a Complaint.
This article is general information about Illinois law, not legal advice, and reading it does not create an attorney-client relationship. Every claim depends on its facts and on the wording of the insurance policies involved, so please speak with a lawyer about your own situation.
