If an uninsured driver causes a car accident that injures you in Illinois, the most immediate step you can take is to file a claim under the uninsured motorist (UM) coverage that is already part of your auto insurance policy. Illinois law (215 ILCS 5/143a) requires every auto liability policy in the state to include UM coverage, so you almost certainly have it even if you never specifically asked for it. In addition to your own policy, however, you also have the right to sue the uninsured driver directly in civil court for damages.
Since Illinois personal injury law does not limit your ability to pursue compensation based on the other driver’s insurance status, you are likely entitled to monetary damages. Continue reading for the information you need to know about this type of accident in the state.
Your Uninsured Motorist Coverage Is the First Line of Defense
Many accident victims assume that because the other driver has no insurance, there is no way to get compensated. That is not the case. Your own UM policy essentially steps into the shoes of the at-fault driver’s missing liability coverage and pays for your losses up to your policy limits.
There are a few important things to understand about how UM coverage works in Illinois:
- UM is mandatory on every auto policy in the state, with minimum limits of $25,000 per person and $50,000 per accident
- You can purchase higher limits for greater protection
- Filing a UM claim will not raise your insurance premiums; Illinois law prohibits surcharges for not-at-fault claims
- UM also applies in hit-and-run accidents where the other driver cannot be identified, as long as you file a police report promptly
Keep in mind that UM bodily injury coverage does not pay for damage to your vehicle. You would need either collision coverage or optional uninsured motorist property damage (UMPD) coverage to handle those costs.
Can I Sue the Uninsured Driver Directly?
Yes. You have every right to file a personal injury lawsuit against an uninsured driver who caused your accident. If you can prove the other driver was at fault, a court can award you compensation for medical expenses, lost wages, pain and suffering, and other economic and non-economic damages.
That said, there is a practical challenge with this route. Drivers who lack insurance often lack significant assets as well, which can make it difficult to actually collect on a judgment. Options like wage garnishment or property liens may be available, but the process can be slow and uncertain.
This is why most car accident attorneys in Chicago recommend pursuing your UM claim first as the primary source of recovery. However, a lawsuit against the at-fault driver can still be worth filing in some situations, particularly when the damages are substantial.
Contact an Attorney With Meyers & Flowers After an Accident With an Uninsured Driver in Illinois
Getting hit by a driver who has no insurance can feel like you’re being punished for someone else’s irresponsibility. However, Illinois law was designed to protect you in exactly this situation. When you factor in your mandatory UM coverage and your right to file a lawsuit, there are real paths to a complete financial recovery.
Call Meyers & Flowers today to learn more about your best course of action and set up a free consultation at (630) 576-9696. We have 100+ years of combined experience and have won billions of dollars on behalf of our clients to date.