Illinois Hit-and-Run Laws & Penalties
Were you hit and the driver fled? You may be owed thousands. Were you the driver? You could be facing up to 20 years in prison.
If You Were Hit — Know What You're Owed
Most victims recover far more than they expect. Here's how.
- Call 911 immediately — your case depends on it — A police report is the foundation of your claim. Without it, insurance companies will fight you at every step. Call even if the driver is long gone.
- Document everything before you leave the scene — Photograph your vehicle, injuries, skid marks, debris, and any partial plate. Video is better. The more you capture now, the more leverage you have later.
- Get witness names and numbers before they walk away — Bystander testimony is often the key to identifying a fleeing driver. A single witness can turn an unresolved case into a full recovery.
- Note every camera within a block — Traffic cameras, business security, Ring doorbells. Police can subpoena footage — but only if they know where to look. You need to tell them.
- File with your uninsured motorist coverage within 30 days — Your UM coverage applies to hit-and-run accidents. Most policies require notice within 30 days of the incident — missing this deadline can void your claim.
- Talk to a personal injury attorney — it costs you nothing upfront — Most hit-and-run attorneys work on contingency: no fee unless you win. They can pursue the driver civilly even if criminal charges are never filed, and they know how to maximize your recovery.
What Are You Facing? — Hit-and-Run Penalty Calculator
Victims: see your civil recovery options and SOL deadline. Suspects: see the exact charges, prison range, and how much time you have left to act.
What is your role in this incident?
Illinois Hit-and-Run Law — Complete Guide
What Illinois Law Requires After an Accident
Under 625 ILCS 5/11-401, any driver involved in an accident resulting in death or personal injury must immediately stop at or near the scene, render reasonable aid to injured persons (including calling for medical help), and provide their name, address, vehicle registration, and insurance information to the other party and any responding police officer.
For property-damage-only accidents, 625 ILCS 5/11-402 imposes the same stop-and-exchange requirements. If no one is present to receive the information, the driver must leave a written note with their contact details and report the accident to the nearest police station.
Critical: The duty to stop and render aid applies even if you believe you were not at fault for the accident. Fault is irrelevant to the hit-and-run statute.
Felony vs. Misdemeanor — The Key Distinction
The severity of a hit-and-run charge in Illinois turns entirely on whether a person was injured or killed. Property damage alone is a Class A misdemeanor — serious, but not a felony. The moment a person is injured, the charge escalates to a Class 4 felony. A fatality triggers a Class 1 felony — one of the most serious non-murder charges in Illinois, carrying 4 to 15 years in prison with no possibility of probation.
Illinois courts have consistently held that the driver's knowledge of the injury is not required for conviction — if a reasonable person would have known someone was hurt, the felony charge applies.
License Revocation & Reinstatement
Under 625 ILCS 5/6-205, the Illinois Secretary of State must revoke the driver's license of anyone convicted of leaving the scene of a personal injury or fatal accident. For property-damage convictions, revocation is discretionary but common.
Reinstatement after a hit-and-run revocation typically requires a formal hearing before the Secretary of State, completion of a remedial driving course, SR-22 insurance filing for 3 years, and payment of reinstatement fees. Use our License Reinstatement Checker to estimate your eligibility timeline.
If You Left the Scene — What Happens Next
Police identify most hit-and-run drivers within 72 hours using traffic cameras, cell phone data, and paint transfer analysis. Every hour you wait without an attorney is an hour investigators are building a case against you.
- Retain an attorney before doing anything else — Do not call police, do not post on social media, do not discuss the incident with anyone. Your first call should be to a criminal defense attorney.
- Do not touch your vehicle or dashcam footage — Repairing your vehicle or deleting footage is obstruction of justice — a separate felony charge on top of the hit-and-run.
- Voluntary surrender with counsel can mean the difference between probation and prison — Turning yourself in before a warrant is issued is one of the most powerful mitigating factors available. Prosecutors treat it very differently than an arrest.
- You have the right to remain silent — use it — Anything you say to police, family, or on social media will be used against you. Exercise your right to silence and your right to an attorney.
- A Class 1 felony means mandatory prison — no exceptions — If someone died, there is no probation option under Illinois law. The only variable is how many years. An experienced attorney is the only thing standing between you and the maximum.
Illinois Hit-and-Run Penalties at a Glance
| Scenario | Charge |
|---|---|
| Property damage only | Class A Misdemeanor |
| Personal injury | Class 4 Felony |
| Personal injury (prior record) | Class 4 Felony (extended) |
| Death | Class 1 Felony |
| Death (prior Class 1+) | Class 1 Felony (extended) |
Connect With an Illinois Attorney
Whether you're a victim seeking compensation or facing charges, the right attorney makes all the difference.
Connect with a personal injury attorney who handles hit-and-run cases. Most work on contingency — no fee unless you win.
Find a Personal Injury AttorneyA criminal defense attorney can negotiate charges, protect your license, and in many cases keep you out of prison. Time matters — act now.
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Frequently Asked Questions
Legal Sources & Statutes
Legal Disclaimer: This tool is for informational purposes only and does not constitute legal advice. Illinois law is complex and fact-specific — penalty ranges depend on the specific circumstances of each case, prosecutorial discretion, and judicial factors not captured here. Always consult a licensed Illinois attorney for advice about your specific situation. Last reviewed July 11, 2026.