If you hit someone, your liability insurance pays for the other person’s injuries and property damage, but it will not repair your own car. Liability covers only the harm you cause to others. To fix your own vehicle after a crash you caused, you need collision coverage.
If I hit someone, what does my liability insurance cover?
Liability insurance is required for every driver in Illinois, and it is designed to protect other people, not you. It comes in two parts:
- Bodily injury liability pays the medical bills, lost wages, and related costs of anyone you injure in a crash you caused, including drivers, passengers, and pedestrians
- Property damage liability pays to repair or replace the other driver’s vehicle, or other property you damage, such as a fence, mailbox, or building
Illinois sets minimum limits of $25,000 for injury to or death of one person, $50,000 per crash for two or more people, and $20,000 for property damage (625 ILCS 5/7-203). Those numbers are the most your insurer will pay to the other side. Anything above them can become your personal responsibility, which is why many drivers carry higher limits than the state minimum. You can review the full picture in our overview of required auto insurance coverages.
Does liability cover my own car if I hit someone?
No. Liability is one-directional. It answers “what do I owe the other person,” never “what will fix my own car.” If you rear-end another vehicle or hit a pole, your liability coverage pays the other party’s damage but does nothing for your own vehicle, even though you caused the crash.
Two optional coverages fill that gap:
- Collision coverage repairs or replaces your vehicle after an impact, regardless of who was at fault, after you pay your deductible
- Comprehensive coverage handles non-collision damage such as theft, vandalism, fire, and weather
Neither collision nor comprehensive is required by Illinois law, so a driver who carries only the state-minimum liability policy typically has no coverage at all for their own car after an at-fault crash.
What liability insurance does not cover
Beyond your own vehicle, standard auto liability policies exclude a number of situations. Common exclusions include:
- Damage to your own car or your own injuries, whether or not you were at fault
- Deliberate, intentional harm, as opposed to a genuine accident
- Crashes involving a driver not listed on the policy, or someone using the car without permission
- Vehicles used for commercial or delivery purposes, unless the policy specifically covers that use
Exclusions vary more than most drivers expect, and the wording in your own policy controls. Every policy also carries its own limits and, for collision and comprehensive, a deductible you pay out of pocket. It is worth reading your declarations page and the exclusions section so you know where you stand before you ever need to file a claim.
How fault works in Illinois
Illinois is an at-fault (or “tort”) state, so the driver who causes a crash, and their insurer, are responsible for the resulting damages. That is different from a no-fault state, where each driver first turns to their own personal injury protection coverage regardless of who caused the crash. In Illinois, if you hit someone, your liability insurer generally pays their losses up to your limits.
Fault is rarely all-or-nothing. Under Illinois’s modified comparative negligence rule, if more than one driver shares blame, each party’s recovery is reduced by their percentage of fault, and a person who is more than 50% at fault cannot recover from the others (735 ILCS 5/2-1116). Insurers and courts weigh evidence such as the police report, witness statements, photos, and any traffic laws broken when they assign those percentages.
Filing a liability claim after you hit someone
When you cause a crash, the other driver usually files a claim against your liability policy, and your insurer manages it from there. The process generally moves through a few stages:
- The claim is reported, with the date, time, location, a description of what happened, everyone’s contact and insurance information, and any photos or video
- Your insurer assigns a claims adjuster to investigate, inspect the damage, and handle negotiations
- The adjuster reviews your policy to confirm coverage, limits, and exclusions
- Fault is determined based on the evidence and Illinois law
- Repair and injury costs are assessed
- If the claim is approved, the insurer pays the other party up to your policy’s limits
Keep in mind that your insurer pays the other side only up to your limits. If the other person’s injuries or vehicle damage exceed what your policy covers, they can pursue you personally for the difference, which is one of the strongest reasons to carry more than the bare minimum.
What to do after an at-fault accident
The steps you take at the scene protect both your safety and your rights:
- Move to a safe spot, check for injuries, and call 911 so police can create an official report
- Exchange contact and insurance information with the other driver, but avoid admitting or discussing fault, since early statements can be used against you
- Photograph the vehicles, the scene, road conditions, and any visible injuries
- Get names and numbers for any witnesses
- Report the crash to your own insurer promptly, even when you were at fault
- See a doctor if you are hurt, and keep records of every expense
If you hit someone and leave the scene, the stakes rise sharply. Illinois law requires any driver in a crash that injures or kills someone to stop immediately and remain at the scene (625 ILCS 5/11-401), and separately to give their name, address, registration, and owner information and to render reasonable assistance to anyone hurt (625 ILCS 5/11-403). Failing to stop and remain is a Class 4 felony. Failing to make the report the statute requires afterward is a Class 2 felony, and a Class 1 felony when the crash results in someone’s death, on top of losing your license. Falling short of the duty to give information and aid is a Class A misdemeanor.
When to talk to a lawyer
Many minor, clear-cut claims resolve through the insurance companies without a lawyer. It is worth speaking with an attorney when:
- Fault is disputed or the other driver blames you unfairly
- The injuries or property damage are serious
- The other party’s losses may exceed your policy limits, exposing you personally
- An insurer questions coverage, delays, or pressures you for a recorded statement
A lawyer can review your policy, deal with the adjusters, and protect you from a claim that reaches beyond your coverage. If you were also injured in the crash, our Illinois car accident lawyers can pursue the compensation you are owed. If instead another driver hit you, including a hit-and-run driver who fled, your own uninsured motorist coverage usually applies rather than liability. See our guide to uninsured motorist coverage in Illinois.
How long do I have to act?
Most Illinois personal-injury claims must be filed within two years of the crash (735 ILCS 5/13-202), and insurance policies usually set their own, shorter reporting deadlines. Notify your insurer right away and keep an eye on the two-year mark, because evidence and witness memories fade quickly.
Frequently asked questions
Does liability insurance cover my car if I hit someone?
No. Your liability insurance pays for the other person’s injuries and property damage, not your own vehicle. To repair your own car after a crash you caused, you need collision coverage. Liability never pays for your own losses.
Does my liability insurance pay the person I hit?
Yes. Bodily injury and property damage liability pay the injuries and property damage of the people you hurt in a crash you caused, up to your policy limits. Illinois minimums are $25,000 per person, $50,000 per crash, and $20,000 for property damage (625 ILCS 5/7-203).
What coverage repairs my own car after an accident?
Collision coverage repairs or replaces your vehicle after an impact, regardless of fault, after your deductible. Comprehensive covers non-collision damage such as theft, vandalism, and weather. Neither is required in Illinois, so check whether your policy includes them.
Can I be sued if my liability limits are too low?
Yes. Your insurer only pays the other party up to your policy limits. If their injuries or vehicle damage cost more than your coverage, they can pursue you personally for the difference, which is why many drivers carry more than the state minimum.
Will my insurance go up if I hit someone?
It can. Whether your premium increases depends on your insurer, your driving record, and the facts of the crash. Causing an at-fault accident, or leaving the scene, is more likely to raise your rates than being the victim of another driver.
How long do I have to file a claim after a car accident in Illinois?
Most Illinois personal-injury claims must be filed within two years of the crash under 735 ILCS 5/13-202. Insurance claims often have shorter reporting deadlines, so notify your insurer right away and act well before the two-year mark.
Sorting out which coverage pays after a crash, and protecting yourself when a claim reaches beyond your limits, is rarely simple. Contact 844-SEE-MIKE anytime for a free, no-pressure consultation, and you pay nothing unless we recover money for you. If you were hurt in the Chicago area, our Chicago car accident lawyers can review your coverage and deal with the insurance companies for you.
This article is general information about Illinois law and not legal advice for your specific situation.
