If you get into a car accident and the other driver doesn’t have insurance, you have two options. You can pursue a claim against the other driver if it was his or her fault, or you can file a claim under your own car insurance policy. In either case, it’s important to file a police report, report the accident to your insurance, and follow the usual steps after an accident. If you need help with a claim involving an uninsured driver, reach out to Lloyd Miller Law Group at (773) 838-8100.
Table of Contents
What Are the Legal Requirements for Auto Insurance in Illinois?
Illinois law mandates that all motor vehicles registered and driven in Illinois must have liability insurance. This insurance provides coverage for property damage and injuries caused to others in a crash. To comply with the law, you must have liability insurance with the following minimum coverage amounts:
- $25,000 coverage for a single person’s injury or death in an accident.
- $50,000 coverage for injury or death of multiple people in an accident.
- $20,000 coverage for property damage caused to another person.
You must keep your insurance card in your vehicle and present it to a law enforcement officer upon request. Your insurance company typically sends you an insurance card when your policy is issued or renewed. Illinois drivers must provide proof of car insurance at least two times per year. Failing to have this required coverage can result in a driver receiving a ticket and a fine.
Auto insurance provides financial protection in case of loss. You make monthly payments to an insurance company, and in return, they compensate you in case of a specified loss, damage, or injury. If you are involved in an accident, your auto insurance coverage pays you.
There are two types of insurance claims: first-party claims and third-party claims. A first-party claim is when you file a claim with your own insurance company for the cost of repairs after an accident. On the other hand, a third-party claim is made when you claim the cost of repairs from the at-fault driver’s insurance after an accident they caused.
Uninsured and Underinsured Motorist Coverage
Even if you have liability insurance, the other driver may not. 14% of drivers in the United States were uninsured in 2022. If you are involved in an accident with a driver who does not have insurance, it could leave you out of pocket. Drivers in Illinois are mandated by the law to have liability and uninsured/underinsured motorist coverage.
Uninsured Motorist Coverage
In case of an accident with a driver who is at fault and doesn’t have his or her own insurance, uninsured motorist coverage steps in to protect you. The aim is to ensure that you are in the same position you would have been in if the other driver had liability insurance. This coverage is considered a first-party claim, which means your own insurance company provides the coverage, and you make a claim with them. It provides coverage for bodily injury.
In Illinois, uninsured motorist coverage is mandatory, and its minimum limits are the same as those required for liability insurance. Therefore, motorists are mandated to carry uninsured motorist coverage with a minimum of $25,000 for one person injured per accident, and $50,000 for two or more people injured per accident. While there is no obligation to have higher coverage or coverage for property damage, it may be possible to obtain such coverage from your insurance company, albeit likely at a higher monthly premium.
Uninsured coverage is effective when fault lies with the other driver and the other vehicle’s owner or driver is uninsured or unknown, which is referred to as a hit-and-run.
Underinsured Motorist Coverage
Underinsured motorist coverage is a type of insurance that protects drivers if they are injured by another driver who is at fault, and the at-fault driver’s insurance coverage is not enough to cover the medical treatment for the injuries. This coverage helps by paying the difference between the at-fault driver’s insurance limits and the medical bills, up to the maximum coverage of the policyholder’s insurance policy.
In Illinois, underinsured motorist coverage is mandatory and follows the same requirements as uninsured motorist coverage. Drivers must have a minimum coverage of $25,000 for injury to one person, and $50,000 for injury to two or more people per accident.
To make a claim using underinsured motorist coverage, two conditions must be met. First, the owner or driver of the other vehicle must be responsible for the accident. Second, the owner or driver of the other vehicle must have insurance liability limits that are lower than the injured person’s underinsured motorist limits.
When making a claim for underinsured coverage, the injured person or policyholder’s injuries must be the result of the underinsured vehicle. A claim for underinsured coverage is not valid if the at-fault person’s liability limits are the same as the policyholder’s liability limits.
To be eligible for uninsured or underinsured coverage, an individual must fit into one of the following groups:
- The policyholder
- Spouse or family members of the policyholder who reside in the insured person’s home with some degree of permanence
- Individuals injured while in a covered vehicle, including those driving the policyholder’s car with permission
- Individuals injured while occupying a car driven by the policyholder
If you have coverage for bodily injury, it will take care of expenses related to physical harm. These expenses may involve medical bills, lost wages if you are unable to work during recovery, compensation for pain and suffering, and potentially funeral costs. If you also have coverage for property damage, it will pay for the repair costs for your vehicle.
Steps to Take if the Other Driver Doesn’t Have Insurance
In the event of a car accident, regardless of the situation, there are actions to take immediately. If the other driver is uninsured or leaves the scene, it may feel daunting to file an insurance claim. However, your immediate focus should be on safety and assessing injuries.
After ensuring safety, you should do the following after a car accident:
- Move to safety. Relocate your vehicle to a secure area, like the side of the road or away from traffic.
- Check for injuries. Assess yourself and any passengers for injuries, and if anyone is hurt, call for emergency medical assistance.
- Contact the police. Report the accident to the authorities, indicating that the other driver left the scene.
- Exchange information with other drivers. Make sure to gather the names, contact details, insurance information, and vehicle details of all the other drivers involved in the accident. Having this information is crucial for your insurance claim. Also, try to obtain the contact information of witnesses. Even if you can’t speak with them at the scene, an uninsured or underinsured motorist accident lawyer can contact them later to get their statement, which can strengthen your legal case.
- Recollect details. Try to remember as much as you can about the other driver and their vehicle, including color, make, model, and if possible, take a photo of their license plate. This information is vital for identifying the responsible party.
- Gather evidence. Be aware of how to document injuries in a car accident. Take photos and videos of the accident scene, including damage to your vehicle, and if there are witnesses, request their contact information and ask if they have any additional evidence such as photos or videos. This evidence will support your case and aid your legal representative in understanding the situation.
It’s crucial to take quick action after a car accident. Getting legal help can greatly improve your chances of receiving the compensation you need to cover your losses.
However, there are the necessary steps to follow if the other driver is uninsured in Illinois and is at fault for your losses.
Consult a Car Accident Attorney
After seeking medical attention and gathering all available evidence, understand tips for hiring a lawyer after a car accident in Illinois. In essence, an attorney can handle the claims and legal processes on your behalf to enhance the chances of a successful outcome in a car accident case, particularly when dealing with uninsured drivers. Throughout this journey, the attorney will identify and evaluate all damages to calculate the total settlement amount.
Determine Whether the Other Driver Has Insurance
Just because the other driver claims to be uninsured, it doesn’t necessarily mean he or she is telling the truth. Some drivers might prefer not to involve their insurance company. If the other driver is unable to provide proof of insurance, contact the police. The police can obtain insurance information from the other driver, especially if they are uncooperative. When the police file their report, they typically request insurance information from everyone involved. If the other driver doesn’t have insurance or can’t provide proof of insurance, they may receive a ticket from the police.
If you want to confirm the other driver’s lack of insurance, it’s best to have your car accident attorney verify this using the other driver’s license plate number. This can help ensure accuracy and allow you to take appropriate action.
Claim the Car Accident Under Your Insurer
After confirming that they truly lack insurance, you can submit a claim with your own insurance provider if you have uninsured motorist coverage. This ensures that your insurer will assist in covering your losses up to the policy limits. In Illinois, it’s mandatory for car insurance to include uninsured and underinsured coverage.
The insurer will likely seek compensation from the at-fault driver to recover their losses. However, keep in mind that they might also attempt to reduce the compensation you receive. Therefore, it’s advisable to consult with your car accident attorney before settling your case.
Seek Compensation From the Responsible Party
If the other driver is uninsured, he or she is still accountable for any damages caused to you. In this situation, you have the option to take legal action against him or her to recoup these losses. This is possible if the lack of insurance leaves you with expenses that are not covered by your own uninsured motorist insurance policy.
In some cases, third parties may also share responsibility for your losses. This is particularly true if you’re involved in a rideshare or truck accident. A car accident lawyer may be able to help you understand who is accountable for your losses in your specific situation. Your lawyer may guide you through the process of what happens when you go to court for a car accident.
When Should You Hire a Lawyer?
You should contact a personal injury lawyer at the earliest opportunity if you have a personal injury case. Hiring an attorney shortly after the accident offers several benefits. Every claim has a statute of limitations, which is the time limit for filing a claim. Additionally, many types of claims have deadlines for notifying the defendant of the injury and impending lawsuit. Missing these deadlines can result in forfeiting the right to compensation. A skilled personal injury lawyer will ensure that the necessary legal actions and notices are promptly taken if they are informed of your claim early on.
The sooner an attorney gets involved, the more time they have to gather evidence and bolster your case. If there’s only a short time left before the statute of limitations, it may be difficult to gather all the evidence in time, or some of it may have been lost or forgotten. Involving your attorney from the beginning gives them the best chance of building a strong case.
If you’ve been in a car accident with an uninsured driver, speak with a car accident attorney about your situation. Feel free to contact us at Lloyd Miller Law Group for assistance from a car accident attorney.
