Drivers of smashed vehicles arguing who is guilty in car crash accident on street side.

Accidents Involving Uninsured or Underinsured Motorists

Item: Salvi, Schostok & Pritchard P.C.
Rating: 5
Author: Heather Boston

Any car crash can be a life-altering event, but things can be especially challenging when the driver at fault doesn’t have the insurance to pay for the damage they’ve caused. Uninsured drivers are a danger to everyone on the road, and if you’ve recently been involved in an accident with one, you’re likely concerned about the next steps. Don’t panic — you could have several options for securing the compensation you deserve, and an experienced Illinois car accident lawyer can help you pursue those avenues.

Illinois Mandatory Insurance Requirements

Illinois law requires all motorists to carry auto insurance meeting certain minimum coverage types and amounts. These include the following:

Auto Liability Insurance – Liability insurance covers injuries and property damage caused by the policyholder. Illinois currently requires bodily injury limits of at least $25,000 per person and $50,000 per accident. Furthermore, motorists must carry at least $20,000 per accident in property damage liability coverage.
Uninsured/Underinsured Motorist Coverage – While state law requires all motorists to carry liability insurance to cover accidents they cause, the unfortunate reality is that not everyone follows that law. In fact, the Insurance Information Institute estimates that about one in six Illinois drivers is uninsured. Fortunately, the state also requires all auto insurance policies to contain uninsured motorist coverage, and many must also have an uninsured motorist clause.

Overview of Illinois UI/UIM Insurance Claims

In Illinois, if you’re hit by an uninsured or underinsured driver, you can pursue a claim against your own automobile insurance policy. All auto insurance policies in the state are required to contain both uninsured motorist provisions, and many also include underinsured motorist coverage.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage (UM) is a type of auto insurance designed to protect you if you are injured in an accident caused by a driver who does not have insurance. In states like Illinois that require uninsured motorist coverage, this insurance is mandatory to ensure that drivers have financial protection in such situations.

UM coverage can help pay for bodily injury losses like medical bills and lost wages, up to the policy limits. However, it does not cover property damage, which is usually handled through separate policy add-ons like collision and uninsured motorist property damage coverage. Currently, Illinois requires at least $25,000 per person and $50,000 per accident in UM coverage.

What Is Underinsured Motorist Coverage?

Underinsured motorist coverage (UIM) is similar to UM coverage, except it applies to accidents caused by drivers who have insurance but not enough to cover the full extent of the resulting losses. UIM covers the difference between its policy limits and the at-fault driver’s liability insurance limits.

Illinois requires drivers who purchase higher limits of uninsured motorist coverage to also carry underinsured motorist coverage, which means they have a safety net in place in the event of particularly severe accidents.

Is UM/UIM Coverage Required in Illinois?

Yes, Illinois requires motorists to carry UM and UIM insurance so that drivers are covered in the event of accidents involving uninsured/underinsured motorists. These mandatory coverages prevent Illinois drivers from bearing the financial burden of medical expenses, lost wages, and other losses caused by at-fault drivers who cannot fully compensate them.

What Happens if the At-Fault Driver Has No Insurance?

If the at-fault driver has no insurance, your uninsured motorist (UM) coverage can step in to cover the damage. You access this coverage by filing a UM claim with your own insurance provider, which should pay for medical expenses, lost wages, and certain other losses, up to your policy limits. This process allows you to recover quickly without depending on the at-fault driver’s financial situation.

You may also have the option to file a lawsuit directly against the uninsured driver. However, this route can be challenging, as many uninsured and underinsured motorists forego coverage because of financial precarity. Even if you win a judgment, collecting compensation may require additional legal steps, such as garnishing wages or placing liens on property.

Depending on the circumstances, other parties may share responsibility for the accident, such as an employer of the at-fault driver or a government entity that failed to address hazardous road conditions. In such cases, you might be able to seek compensation through a personal injury claim against them, providing an additional source of recovery.

How Much Financial Compensation Can I Expect from an Uninsured Motorist Claim?

How much compensation you could recover through your uninsured motorist claim will largely depend on how much coverage you have in your policy. While you must have at least $25,000 per person and $50,000 per accident in UM coverage, you may have purchased a more extensive policy that provides more robust protection.

To reiterate, you could also be entitled to more compensation if other parties beyond the uninsured driver are at fault for the accident. An experienced attorney can review your case and determine if this applies to your situation.

What Should I Do If I’m Injured by an Uninsured Motorist?

What you do after an accident with an uninsured motorist is crucially important to your future well-being. Take these steps to lay the foundation for a strong claim:

Seek Medical Attention – Seek evaluation from a medical professional, even if you are not experiencing any recognizable symptoms. Some injuries may not be immediately apparent but must be treated quickly or they can worsen. Moreover, prompt documentation can support your claim.
Notify Your Insurance Company – Inform your insurer about the accident and highlight that the at-fault driver is uninsured. You may need to file a claim under your uninsured motorist (UM) coverage, if applicable. However, you should wait to file a claim until you’ve had a chance to speak with an attorney.
Prepare an Evidence Folder – Gather any information related to the accident. Start with any photos of the scene you were able to take and include the names of those involved and any witnesses, if possible. Add copies of your medical bills and records, as well as pay stubs, tax records, and any documentation that reflects potential lost income.

Finally, reach out to an experienced car accident lawyer from Salvi, Schostok & Pritchard P.C. Illinois uninsured/underinsured motorist claims can be complicated, and you’ll benefit from having a legal advocate who understands the intricacies of these cases can help ensure you receive the maximum compensation you are entitled to.