Dealing with Uninsured or Underinsured Motorists in Illinois

The law in Illinois requires drivers and car owners to carry a certain amount of car insurance. Unfortunately, many drivers and car owners drop their insurance or choose to drive with very little coverage or no coverage at all.

When a person is involved in a car accident with an uninsured or underinsured motorist, it can cause serious complications. For example, they may now have to determine how they will pay for their accumulating medical bills, even though it was the uninsured or underinsured driver’s carelessness that led to their injuries. In some cases, there are steps you can take to recover, even in these cases.

What are the insurance requirements in Illinois?

Illinois requires all drivers and vehicle owners to carry minimum liability coverage. The minimum amount of coverage required is:

• $20,000 for property damage
• $25,000 for injuries or death to one person
• $50,000 for injuries or death for multiple people

The law in Illinois also requires everyone to carry their insurance card in their vehicles to present to law enforcement when requested or in the event of an accident. You will receive this card by mail when you establish or renew your policy with an insurance company. If you are caught driving an uninsured vehicle, the minimum fine is $500.

What can I do if the at-fault driver does not have enough or any insurance?

If you are involved in an accident and the at-fault driver does not have enough or any insurance, you can file an uninsured or underinsured motorist claim with your own insurance company. Illinois requires all drivers to possess uninsured and underinsured motorist coverage. The minimum required coverage for this type of insurance is:

• $25,000 per person
• $50,000 per accident
• $20,000 for property damage

Since this is a requirement, you should have uninsured and underinsured coverage included in your car insurance policy. Therefore, when you inform your car insurance company about the accident, it is crucial that you ask them for a copy of your policy to ensure that this type of coverage is available to help you in this situation.

How do I file an uninsured or underinsured motorist claim?

Before you file an uninsured or underinsured motorist claim, you should know the difference between these two types of coverage. Uninsured coverage is used when the at-fault driver does not have car insurance at all, and underinsured coverage is used when the at-fault driver has less than the minimum amount of required insurance, or their coverage is not enough to cover the extent of your losses.

After determining which scenario fits your situation, you can file a claim with your insurance company. If the driver has some insurance coverage, you should file a claim with their insurance company first and then with your insurance company for the remaining coverage. Regardless of which type of claim you file, you will need to provide the following information to your insurance company:

• The at-fault driver’s full name
• The at-fault driver’s address and contact information
• The location where the accident took place
• The time of the accident
• Whether anyone else was involved (passengers or other drivers)
• Whether anyone saw the accident happen (witnesses)
• Brief details of what happened

When speaking to any insurance company, remember never to admit fault or say anything they could use to argue that you are at fault. Some people make the mistake of thinking that their insurance company is on their side, but the truth is that insurance companies will do everything they can to twist and turn your statements to reduce the amount of money they have to pay out.

Do I have other legal options when involved in an accident with an uninsured or underinsured driver?

You can file a lawsuit if you are involved in an accident with an uninsured or underinsured driver. In addition to filing a claim against the uninsured driver, you may be able to sue various others for the accident. Some possible parties include:

• Other drivers
• The employer or company a driver was working for at the time
• A vehicle manufacturer, if a defect led to or worsened the consequences of the accident
• An auto mechanic or repair shop that performed faulty repairs leading to the accident or worse results
• A rental or leasing company
• The city, if the roads were in such poor shape that they contributed to the accident

Every accident is different. Therefore, based on your accident’s circumstances, you may be able to file lawsuits against multiple parties to ensure that you get enough money to cover your medical expenses, lost income, property damage, pain and suffering, and more. However, in order to successfully file a lawsuit, you must be able to prove that the at-fault party owed you a duty of care, breached their duty of care by acting negligently, their negligence directly caused your accident and injuries, and you suffered losses as a result.

Should I hire a lawyer?

While you are not required to hire a lawyer for an accident involving an uninsured or underinsured motorist, you should strongly consider doing so. These cases can be very complex, so you need an attorney in your corner to help you navigate each step and determine which course of action will result in the best outcome possible. Here are a few of the tasks that a car accident lawyer can assist you with when it comes to an uninsured or underinsured motorist case:

• Communicating with insurance companies
• Filing an uninsured or underinsured claim with your insurance company
• Calculating your losses
• Negotiating with insurance companies
• Appealing the insurance company’s decision
• Collecting strong and convincing evidence to support your claim
• Locating and hiring witnesses
• Filing a lawsuit
• Advocating for and protecting your rights
• Ensuring that you receive fair compensation
• Preparing for trial if necessary

At Glisson Law, our car accident attorneys know and understand the stress, frustrations, and hardships that individuals involved in accidents with drivers who lack insurance coverage often face. It is important to remember that these types of cases can quickly become challenging as your insurance company likely does not have your best interests in mind. However, with our experience, skills, and knowledge, we can help you determine the appropriate path forward to the financial recovery you need and deserve to get your life back on track. Please call our office or submit our contact form to schedule a free, no-obligation consultation at our office today. Our team is based in Alton, but we proudly help clients in various locations, including Belleville, Edwardsville, Springfield, St. Clair and Madison Counties, all of Southwestern Illinois and Missouri.