Can I Make A Claim If I Was Involved In A Car Accident While Visiting From Another Country?

Being injured in a car accident while visiting Illinois raises a lot of urgent questions: Can you pursue compensation in a U.S. court? Which laws apply? How long do you have to act? In this blog, we explain your rights after a crash, the practical steps to protect a claim, important deadlines and insurance rules, and real-world statistics to show how common serious crashes are in Illinois.

“Visitors hurt on Illinois roads should know that their rights do not disappear because they live abroad. With the right evidence and counsel, you can pursue full compensation for medical bills, lost wages, and pain and suffering.” — John J. Malm, Naperville car accident attorney

The Short Answer

Yes, if your crash happened in Illinois you generally can make a claim in Illinois courts even if you live in another country. Traffic collisions are civil matters governed by the law where the crash occurred, and non-residents and visitors have the same right to seek compensation for injuries or property damage as Illinois residents. You may, however, face additional logistics dealing with a personal injury claim from another country.

Why Illinois Law Usually Governs

When an accident happens on Illinois roads, Illinois law applies to:

Who was at fault and how fault is measured (Illinois follows a modified comparative negligence rule).
Time limits for filing lawsuits (statutes of limitations).
Insurance minimums and required coverages for drivers involved.

A non-resident’s right to sue doesn’t depend on immigration status or citizenship. Further, filing a civil claim does not automatically trigger immigration enforcement.

Key Legal Rules Visitors Should Know After a Car Accident

Statute of limitations (how long you have to sue)

For most personal injury claims in Illinois, the deadline to file a lawsuit is two years from the date the cause of action accrues (i.e., the crash or the date you reasonably discovered your injury). However, this deadline can vary for different reasons. Missing that window usually bars a lawsuit. It is important to speak with an experienced Illinois car accident attorney immediately to preserve your rights.

Minimum auto insurance limits and uninsured coverage

Illinois requires minimum bodily-injury liability limits of $25,000 per person / $50,000 per accident. This is the baseline for what at-fault drivers must carry. Many drivers carry higher limits, but some drivers are completely uninsured.
Illinois also requires policies to provide uninsured and hit and run motor vehicle coverage (subject to the policy terms), which can protect injured people if the at-fault driver has no insurance or flees the scene.

How Common are Serious Crashes in Illinois?

To give context to car accidents in Illinois, in 2023, Illinois saw 299,133 crashes, averaging roughly 820 crashes per day. In 2023, more than 3 people were killed per day, and there were more than 9 people injured per hour statewide. Those figures highlight the frequency and potential severity of traffic crashes on Illinois roads. While Illinois does not have data regarding car accidents involving out-of-state visitors, a significant number of crashes in 2023 involved non-Illinois residents.

Practical Steps to Preserve Your Car Accident Claim

Report the crash to local police and get a copy of the incident report or the report number.
Seek immediate medical care and follow medical advice, as treatment records are essential evidence.
Collect evidence at the scene (if safe):
- Photos of vehicles, damage, skid marks, road signs, traffic signals and the surrounding scene.
- Names, phone numbers, insurance information for other drivers, and witness contact info.
Keep receipts for medical bills, taxi/ride-share, rental car, lodging (if your trip was disrupted), and any wages lost.
Notify your own insurance company (if you have coverage that applies while traveling) and ask about coverage for medical payments or rental costs.
Do not give recorded statements to the other driver’s insurer or sign releases without consulting an attorney. Insurers sometimes use early, informal statements to limit payouts.
Contact an experienced Illinois car accident injury attorney who handles out-of-state and international clients. Many cases settle without you needing to travel back to Illinois. In many cases, your lawyer can arrange depositions by videoconference and coordinate with foreign counsel if necessary.

Common Scenarios Visitors Face After a Car Accident in Illinois

At-fault Illinois driver with insurance: Usually you file a claim directly with that driver’s insurer. If the insurer denies liability or offers an inadequate settlement, an Illinois lawsuit may be necessary.
At-fault driver uninsured or a hit and run: Your recovery may come from your own uninsured/underinsured motorist coverage (if you have a U.S. policy that applies), coverage from a rental car you were using at the time of the accident, or from any applicable Illinois-required uninsured/hit and run protections.
Foreign driver is at fault and has no U.S. insurance: You may still sue the driver in Illinois. However, collecting a judgment across borders can require additional legal steps and enforcement actions in the defendant’s home country. Often insurers or diplomatic/consular channels can help locate assets.
Minor injuries and medical tourism concerns: Even for relatively minor injuries, document everything. Some injuries (like soft-tissue or concussion) can show up later; damage to the spine or internal injuries may not be obvious immediately. The two-year clock still runs from the date of the crash.

How an Illinois Car Accident Attorney Helps Foreign Visitors

An attorney who regularly handles personal claims involving non-Illinois residents:

Handles communication with insurers and opposing counsel so you don’t have to navigate U.S. insurance practices alone.
Arranges medical records, bills, and expert opinions to prove injury and value of the claim.
Coordinates depositions or testimony by videoconference if you cannot travel.
Advises about collecting on judgments across borders if a defendant lacks local assets.

Evidence That Strengthens a Visitor’s Claim

Police crash report listing fault indicators (speeding, failure to yield, DUI).
Medical records showing diagnosis and treatment timeline.
Photographs from the scene and vehicle damage estimates.
Witness statements with contact details.
Video evidence (dashcam, nearby surveillance, traffic cameras).
Clear records of lost income and out-of-pocket expenses.

What a Foreign Visitor Should Expect About Costs, Insurance, and Recovery

Settlement vs. lawsuit: Most claims resolve with insurer settlements. Lawsuits are filed when insurers refuse fair offers or fault is contested.
Legal fees: Many personal injury lawyers work on contingency (they receive a percentage of recovery), which can reduce the need for up-front payment. Confirm fee structure before hiring.
Collection risk: Winning a judgment is not the same as collecting. If the at-fault party has little or no insurable assets, collection can be difficult — but an experienced lawyer can explore all options, including foreign enforcement.

Frequently Asked Questions About Car Accidents Involving Foreign Visitors

Q: Can my filing a claim affect my immigration or visa status?
A: No. Civil personal injury claims are not immigration proceedings and are not routinely reported to immigration authorities. Attorney-client confidentiality protects your communications with counsel.
Q: How long do I have to file a lawsuit in Illinois?
A: Typically, two years from the date of injury for personal injury claims.
Q: Do I have to come back to Illinois for court?
A: Often no. Many cases settle before trial, and depositions and testimony can frequently be handled remotely. You may need to travel only if your case goes to trial.
Q: What if the at-fault driver is from my home country?
A: You can still sue in Illinois. Enforcing a judgment internationally requires additional procedural steps and can involve foreign courts; a lawyer experienced in cross-border collections can guide you.
Q: Will Illinois minimum insurance limits cover my medical bills?
A: Minimum limits ($25,000/$50,000) may not cover serious injury claims. Many victims recover more through additional uninsured/underinsured coverage, the at-fault driver’s larger policy, or other sources.

Contact the 5-Star Rated Illinois Car Accident Lawyers at John J. Malm & Associates

If you were injured in a car accident while visiting Illinois from another country, you deserve to understand your rights and pursue full compensation under Illinois law, no matter where you call home. The experienced Illinois car crash attorneys at John J. Malm & Associates have successfully represented clients from across the U.S. and around the world in complex Illinois injury cases. We know how to handle insurance companies, protect your interests, and navigate the legal challenges international visitors face after a crash.

Don’t let distance or uncertainty keep you from getting the justice you deserve. Contact our firm today for a free consultation to learn how we can help you recover for your medical expenses, lost income, and pain and suffering after a car accident in Illinois. Call us at (630) 527-4177 or reach out online. We’re ready to help you every step of the way.