Being involved in a motor vehicle accident can be traumatic. When someone else is at fault, they can and should cover your damages in their entirety.
However, not everyone is that responsible. When you’re involved in a collision with an uninsured driver, obtaining the compensation you deserve could be more challenging than you thought. You’ll need to understand the law, your insurance policy, and the process for dealing with an uninsured driver.
Illinois Auto Insurance Laws
Under Illinois law, all drivers must carry specific car insurance coverage. Every driver must have the following auto insurance before bringing their vehicle on the roads:
- $25,000 per person in bodily injury liability coverage
- $50,000 per accident in bodily injury liability coverage
- $20,000 per accident in property damage liability coverage
UIM Coverage is Mandatory
One in eight drivers don’t have auto insurance. Although all drivers in Illinois are required to carry auto insurance, the number of uninsured motorists on the roadways puts you at financial risk should a collision occur.
That’s why Illinois law also requires all motorists to carry uninsured motorist protection.
UIM is designed to protect you if you are involved in a collision with an uninsured driver. Your uninsured motorist coverage can also protect you in a hit-and-run accident.
Most budget for the following uninsured or underinsured motorist coverage:
- $25,000 per person in uninsured motorist bodily injury liability coverage
- $50,000 per accident in uninsured motorist bodily injury liability coverage
You may also purchase underinsured motorist coverage, collision, comprehensive, rental car coverage, gap insurance, and other types of auto insurance to protect yourself in the event of an accident.
What if The Driver Who Hit You Doesn’t Have Insurance?
If the driver who hit you does not have auto insurance coverage, that does not mean you cannot recover compensation for your damages. Illinois is a fault state for car accidents and insurance purposes, meaning you would typically file a claim with the liable party’s auto insurance provider after a collision.
However, if the driver who hit you does not have auto insurance, you may need to file a claim with your own insurance company under your UIM policy. Since you must carry uninsured motorist coverage by law, you may be able to file a claim with your own insurance company to recoup certain types and amounts of damages.
Depending on your coverage, you may be able to recover a sizable portion of your losses. The damages you can recover and the amount will directly relate to the amount outlined in your policy.
Generally, this includes compensation for medical expenses and, in some cases, property damages. But this will usually not cover other economic or any non-economic damages.
Filing an Uninsured Motorist Claim in Illinois
Whether the other driver has adequate coverage or not, pursuing compensation after a car accident can be a challenge. There are several details you need to nail down, so working with an experienced personal injury lawyer gives you the best chance of recovering compensation.
Support Your Claim with Evidence
Like other car accidents, you will need evidence to show you were not at fault for the crash. Then, you’ll have to show your insurance company that the driver who caused the wreck does not have insurance.
You can use various pieces of evidence to reinforce your claim, like the police report, photos from the crash, or witness testimony. You can collect some of these immediately after the crash, but securing some will require your attorney’s assistance.
Get Medical Care
After a crash, you should get prompt medical treatment to ensure you’re healthy and connect the accident with your injuries. Insurance companies have been known to question the correlation between an accident and someone’s health, so getting evaluated as soon as possible is in your best interest.
You might get treated at the crash scene or transported to a hospital if your injuries are significant. If you refuse treatment at the scene, schedule an appointment at your earliest convenience. After your exam, follow any advice they provide to ensure your recovery.
Contact an Experienced Uninsured Motorist Lawyer
Uninsured motorist claims can prove challenging alone. Even though you’re their customer, your insurer may not want to give you the settlement you deserve. A qualified Chicago car accident lawyer may be necessary to represent you and make the case for everything you’re entitled to by law.
You should find an attorney who understands your situation and won’t back down if there’s pushback from the insurance company. The attorneys with Staver Accident Injury Lawyers, P.C., are ready to help you recover after an accident with an uninsured motorist.
File a UIM Claim with Your Insurance Company
Once you have legal representation, they’ll build your case and help file a claim with your insurer. Don’t talk to the insurance company without your attorney. They may try to get you to accept a settlement that doesn’t cover your needs or give a statement that limits their liability.
Negotiate Your Settlement
Your attorney will calculate your losses and provide that information in your claim to your insurance company. You’ll need evidence to support your claim, and your attorney should organize it into a concrete case that the insurance company cannot dispute.
Your insurer will have time to evaluate your claim and make counteroffers. They may make some initial offers, but your attorney can help you decide whether they’re sufficient. Most personal injury cases settle before trial.
Prepare for Court
If the insurance company disputes the need to pay you, you can pursue a lawsuit to get the money you need. Your attorney will receive the evidence the insurer has, and vice versa, during discovery. You might enter pre-trial negotiations after the insurer sees how strong your evidence is.
The Staver team prepares each case as if it will go to trial, so we show we mean business and are ready to take your case to court. If the matter goes to trial, all parties will present the evidence to a judge or jury. They will decide the amount of compensation you receive.
Uninsured Motorist Claim FAQs
Is a Lawsuit Against an Uninsured Driver Worth It?
When you have been involved in a collision with an uninsured driver, you may wonder whether filing a lawsuit against them is worth it. It’s not likely they can provide compensation if they can’t afford insurance coverage.
Although filing a civil lawsuit against the liable uninsured driver may not result in the compensation you were hoping for, working with an attorney can help you uncover alternatives. For example, other liable parties may be associated with the car accident with appropriate insurance coverage, or an attorney can facilitate a smooth UIM claim with your insurance company.
Will My Insurance Company Cooperate?
Not likely. When filing an uninsured or underinsured insurance claim with your insurance company, you may expect to be treated fairly. While this should be the case, many insurance companies prioritize their financial interests over their claimants’.
It is more common than you might think for insurance companies to attempt to take advantage by unfairly denying claims or looking for every opportunity to reduce the compensation they pay.
You can take steps to protect your compensation by having your car accident attorney handle the negotiations on your behalf.
Will My Uninsured Motorist Claim Cover Car Repairs?
An uninsured motorist claim is meant to cover your injuries and any passengers in your car – not UIM insurance. You should not expect that a successful claim will pay for property repairs. Instead, your claim will help cover medical bills, lost wages, and pain and suffering.
Get Help from a Lawyer for Accidents with Uninsured Drivers
Although claims involving uninsured or underinsured drivers are more challenging, that does not mean you should not seek the compensation you deserve. You may be able to recover what you are entitled to through your insurance.
Explore all your options when you contact Staver Accident Injury Lawyers, P.C. Contact our Chicago car accident lawyers for a no-cost, risk-free consultation. Reach us through our convenient contact form or at 312-236-2900.
