What happens when an uninsured driver hits you? After an accident with an uninsured driver, you can sue that driver for damages or file an uninsured motorist claim with your own insurer. Unfortunately, car crashes are a frequent and perilous occurrence on the roads of Illinois. If you are injured due to another driver’s negligence or recklessness, you usually depend on their insurance to receive compensation. However, there are situations where the other driver lacks sufficient insurance coverage to provide you with fair compensation.
If you have been in an accident with an uninsured driver, contact Lloyd Miller Law Group at (773) 838-8100.
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What Is Uninsured Motorist Coverage?
Uninsured motorist coverage is a type of car insurance that compensates for injuries and damages resulting from an accident with an uninsured driver.
How Auto Insurance Works
Auto insurance provides financial protection for loss, damage, or injury. You make monthly payments to an insurance company, and in return, they provide coverage for specified losses. There are two types of insurance claims: first-party claims, which are made with your own insurance company, and third-party claims, which involve claiming from someone else’s insurance after an accident caused by another driver.
Per Illinois law, all drivers must possess certain car insurance coverage. Before operating a vehicle on the roads, every driver is required to have the following auto insurance:
- $25,000 coverage per person for bodily injury liability
- $50,000 coverage per accident for bodily injury liability
- $20,000 coverage per accident for property damage liability
Drivers in Illinois must provide proof of car insurance at least twice a year, and failing to do so can result in tickets and fines. In 2021, Illinois had over 8 million licensed drivers. While proof of insurance is required for car registration, drivers are able to cancel their insurance shortly after. This has contributed to over 13% of Illinois drivers not having insurance.
Uninsured Motorist Coverage
Uninsured motorist coverage protects if you’re in an accident with a driver who is at fault and doesn’t have insurance. It aims to put you in the same position you would have had if the other driver had liability insurance. This coverage is a first-party claim, meaning it’s provided by your own insurance company, and you claim with them. It covers you for bodily injury.
In Illinois, drivers must have uninsured motorist coverage with minimum limits equivalent to those needed for liability insurance. Therefore, motorists must have uninsured motorist coverage for at least $20,000 for one person injured per accident, and $50,000 for two or more people injured per accident. While you are not obligated to have a higher coverage or coverage for property damage, you may have the option to obtain such coverage from your insurance provider, likely at a higher monthly premium and subject to their terms.
Uninsured coverage goes into effect in the following situations: when the other driver is responsible for the accident, and the owner of the other vehicle or the other driver is completely uninsured, or when the identity of the vehicle owner or at-fault driver is unknown, as in the case of a hit-and-run.
Hit-and-Run
Who is liable for a hit-and-run? Typically, the driver who fled is at fault and therefore liable, although your uninsured motorist coverage may provide compensation in such a situation. For an incident to be classified as a hit-and-run, there needs to be physical contact between the injured person and the vehicle involved in the hit-and-run. This contact can be direct or indirect.
Does Illinois Have Laws Regarding Uninsured Drivers?
Illinois has specific laws outlining penalties for driving without insurance and the consequences for an uninsured driver involved in an accident, in addition to minimum insurance requirements.
Penalties for Driving Without Insurance in Illinois
Under Illinois laws, all registered vehicles must have the necessary insurance coverage to avoid potential penalties:
Suspending Registration
In 2020, the Secretary of State implemented an Electronic Liability Insurance Verification program for Illinois-registered vehicles. All car insurance providers authorized to do business in the state are electronically connected to this system. The system automatically checks at least twice yearly to ensure all registered vehicles have the required liability coverage. If a vehicle fails the initial verification, a second check will be done after 30 days. If the vehicle is still uninsured at that point, its registration will be suspended.
While the registration is suspended, the vehicle cannot be driven, but you can still drive other insured vehicles. To reinstate the registration, you will need to provide proof of insurance and pay a $100 fine. However, driving without insurance during a traffic stop or after an accident can lead to more severe consequences.
Fines
In Illinois, driving without insurance is a petty offense and may result in a fine of $500 to $1,000 for the first offense. Repeat offenders may face increased fines. If you cause an accident while uninsured and bodily injuries occur, it is considered a class A misdemeanor, which can lead to fines of up to $2,500, additional fees, and possible imprisonment. If you can prove you had active insurance when ticketed or acquire insurance before court, fines may be reduced or waived.
Suspending Your License
If you’re a first-time offender, your license can be suspended for up to three months. If you’re a repeat offender or are caught driving during the suspension period, the suspension can be extended to six months or more. In Illinois, the standard fee for reinstating a license is $100.
Impounding Your Vehicle
In Illinois, if you’re caught driving without insurance, the police can legally tow and impound your vehicle. The storage fees at the impound site can accumulate rapidly, so it’s crucial to resolve your insurance situation promptly. Failing to do so may result in having your vehicle repossessed.
Getting into an Accident Without Insurance
Who pays for medical bills after a car accident in Illinois depends on who was at fault. Typically, the at-fault driver compensates the other party for any damages. If the at-fault driver is insured, his or her insurance may cover the damages, but if uninsured, the driver is personally responsible.
Illinois laws follow the modified comparative negligence standard to determine fault and recover damages. Under this standard, you can only recover damages from the other party if you are less than 50% at fault in the accident. If you are less than 50% at fault, you can seek compensation for bodily injuries or property damage from the more at-fault party. However, the amount you can claim will be reduced by a percentage equal to your fault for the accident.
Using Your Insurance vs. Pursuing Legal Action
You may wonder what to do if the other driver doesn’t have insurance. How it plays out will vary based on your insurance coverage, the party responsible for the accident, and if you must dispute liability with the uninsured driver. Typically, there are two courses of action available to you:
- Utilize your insurance company’s uninsured motorist coverage to claim benefits
- Initiate a legal claim, such as a personal injury lawsuit, against the at-fault driver
File a Lawsuit Against the Responsible Party
If the other driver does not have insurance, he or she is still responsible for any damages caused to you. In this scenario, you can take legal action against the driver to recover these losses if the lack of insurance results in expenses not covered by your uninsured motorist insurance policy.
While suing for compensation is possible, it is often challenging to recover compensation successfully if the other party is uninsured. Even if you win your case, getting the uninsured party to pay may be difficult, as he or she may not have the financial means to do so. Therefore, filing a claim with your insurance company under your uninsured motorist policy is generally better.
Filing a Claim Under Your Insurance
After an accident, if you have uninsured motorist coverage, you can file a claim with your own insurance company. Your insurer will then help cover your losses up to your policy limits.
After the insurance company is notified, they will investigate the claim and either approve, negotiate a settlement, or deny the claim. The insurance company may ask you to provide certain information during the investigation. If requested, you must share details of all medical treatments and undergo an independent medical examination. You might also be asked to provide photographs of the insured vehicle and cooperate with the insurance company by securing and providing evidence, answering questions about the accident, participating in settlement discussions, and attending trials or hearings.
You can hire an underinsured motorist accident lawyer at any point in the process, but the earlier you do, the better they will assist you. Your lawyer can communicate with your insurer, help gather evidence, and negotiate a fair settlement. The benefit of uninsured motorist protection is that you can receive compensation regardless of the other driver’s circumstances. Contact us at Lloyd Miller Law Group for help after an accident with an uninsured driver.
