Car Accident Property Damage How-to Guide: Statute of Limitations for Property Damage

Introducing Car Accident Property Damage: How-to Guide, a comprehensive video series crafted by Andrew Kryder, Chicago car accident attorney and founding partner of The Kryder Law Group, LLC Accident and Injury Lawyers.

This guide is tailored specifically to help individuals who have had non-injury car accidents in Illinois, focusing on property damages. The series offers crucial insights on navigating the aftermath of the accident, laying out clear steps to ensure you seek and obtain the rightful compensation for your damaged vehicle.

This resource provides both practical tips and legal guidance to make the process less intimidating and more manageable, and enables you to manage your claim independently.

The Difference Between Property Damage and Personal Injury Claims

Both personal injury and property damage claims are civil actions and are addressed by Illinois civil law.

Personal injury claims are made for physical harm and suffering, seeking compensation, for example, for medical expenses and lost income. In contrast, property damage claims seek reimbursement for the repair or replacement costs of damaged assets—in this case a vehicle.

In Illinois, the legal time frames known as statutes of limitations differ significantly for property damage and personal injury cases. For personal injury claims, these civil statutes allow a two-year window from the date of the accident or injury to file a lawsuit. However, for property damage claims, such as those arising from car accidents, the time frame extends to five years.

It’s crucial to remember that these time limits pertain to filing a lawsuit. The process of claim negotiation with insurance companies can, and often does, commence shortly after the incident itself.

What Is the Time Limit for Legal Action in Property Damage Claims?

Andy begins, “A lot of people want to know, ‘What’s the statute of limitations for property damage in Illinois?'”

“The short answer: 5 years from the date of the accident. ”

What Does “Statute of Limitations” Mean for Damage to Personal Property?

“What that means,” he explains, “is if you can’t come to an agreement with the insurance company or the person who caused damage to your property, you’ve got five years to file a lawsuit.”

What Happens When the Statute of Limitations Period Expires?

“Once you file that lawsuit, you’ve preserved the statute of limitations.” Andy continues, “It’s not as if you have to complete the case within the 5 years period, but you do have to file that complaint.”

“If you don’t, you’re out of luck. Your case—it’s gone, it’s extinguished, and you can’t pursue it anymore.”

Statute of Limitations Apply to Your Vehicle Accident Claim

“So make note: 5-year statute of limitations for property damage in Illinois.”