ILCS » Chapter 215 · Act 5
Illinois Compiled Statutes

215 ILCS 5/143b (2026)

Any insurance carrier whose payment to its insured is reduced by a deductible amount under a policy providing collision coverage is subrogated to its insured's entire collision loss claim including the deductible amount unless the deductible amount has been otherwise recovered by the insured, but if the deductible amount has been otherwise recovered by the insured it shall not be included in the subrogated loss claim and shall be excluded from the amount of loss pleaded

✓ current as of May 2026
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(215 ILCS 5/143b) (from Ch. 73, par. 755b)
    Sec. 143b. Any insurance carrier whose payment to its insured is reduced by a deductible amount under a policy providing collision coverage is subrogated to its insured's entire collision loss claim including the deductible amount unless the deductible amount has been otherwise recovered by the insured, but if the deductible amount has been otherwise recovered by the insured it shall not be included in the subrogated loss claim and shall be excluded from the amount of loss pleaded. If the deductible amount is included in the subrogated loss claim the insurance carrier shall pay the full pro rata deductible share to its insured out of the net recovery on the subrogated claim. Administrative expenses of the insurance carrier cannot be deducted from the gross recovery, and only incurred expenses of the carrier, such as attorney's fees, collection fees and adjuster's fees, may be deducted therefrom to determine the net recovery. When the insurance carrier is recovering directly from a third party a claim by means of installments, the insured shall receive his full pro rata deductible share as soon as such amount is collected and before any part of such recovery is applied to any other use.
(Source: P.A. 83-588.)

    
Notes of Decisions
Cited in 4 cases, 2014–2017 · leading case: State Farm Mut. Auto. Ins. Co. v. Easterling, 2014 IL App (1st) 133225 (Ill. App. Ct. 2014).
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State Farm Mut. Auto. Ins. Co. v. Easterling, 2014 IL App (1st) 133225 (Ill. App. Ct. 2014). · cites it 2× “" 215 ILCS 5/143b (West 2008). In this case, Krupa is the insured under the State Farm policy, and State Farm paid his medical expenses.”
State Farm Mut. Auto. Ins. Co. v. Easterling, 2014 IL App (1st) 133225 (Ill. App. Ct. 2014). · cites it 2× “” 215 ILCS 5/143b (West 2008). -3- ¶9 Plaintiff also alleged that it had paid for the damages, losses and expenses of its insured (Krupa), that the insured incurred a deductible and that plaintiff was now the subrogee for the amounts paid by plaintiff.”
State Farm Mut. Auto. Ins. Co. v. Plough, 2017 IL App (2d) 160307 (Ill. App. Ct. 2017). “In fact, as Plough’s representative noted in the trial court, the Illinois Insurance Code—specifically, section 143b (215 ILCS 5/143b (West 2012))—dictated that State Farm was obliged to sue to recover Rodriguez’s deductible if it sued Plough at all.”
State Farm Mut. Auto. Ins. Co. v. Plough, 2017 IL App (2d) 160307 (Ill. App. Ct. 2017). “In fact, as Plough’s representative noted in the trial court, the Illinois Insurance Code—specifically, section 143b (215 ILCS 5/143b (West 2012))—dictated that State Farm was obliged to sue to recover Rodriguez’s deductible if it sued Plough at all.”
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