Being hit by an uninsured driver in Illinois can be frustrating. At Schierer & Ritchie, LLC, we understand the challenges and can help.
Car accidents are stressful enough, but the situation becomes even more complicated when the at-fault driver does not have insurance. If you are involved in an accident with an uninsured driver in Illinois, you may wonder how to recover compensation for medical bills, vehicle damage, and other losses. Fortunately, there are legal options available to protect victims in these situations.
At Schierer & Ritchie, LLC, we specialize in helping accident victims recover the compensation they deserve. Contact us today for a free consultation to discuss your case.
Illinois Car Insurance Requirements
Under Illinois law, all drivers are required to carry minimum liability insurance coverage. According to the Illinois Vehicle Code (625 ILCS 5/7-601), the minimum insurance coverage required is:
- $25,000 for bodily injury or death per person
- $50,000 for bodily injury or death per accident
- $20,000 for property damage per accident
Despite these legal requirements, many drivers still operate vehicles without insurance. In these cases, victims must seek compensation elsewhere.
What Are Your Options If the At-Fault Driver is Uninsured?
If an uninsured driver hits you in Illinois, there are several ways to seek compensation:
Uninsured Motorist Coverage (UM)
Illinois requires all auto insurance policies to include Uninsured Motorist (UM) coverage unless explicitly waived in writing. This coverage helps pay for medical expenses, lost wages, and pain and suffering if an uninsured driver injures you.
- How Does It Work?
- File a claim with your own insurance company under your UM coverage.
- Your insurance company will cover damages up to your policy limits.
- Minimum UM Coverage in Illinois(625 ILCS 5/143a):
- $25,000 per person
- $50,000 per accident
This coverage does not include property damage unless you have Uninsured Motorist Property Damage (UMPD) coverage.
Underinsured Motorist Coverage (UIM)
While UIM coverage applies when the at-fault driver has insurance but insufficient coverage, some victims face uninsured and underinsured situations. If your damages exceed what the at-fault driver can pay, your UIM policy can provide additional compensation.
Collision Coverage
If your car is damaged in the accident, your collision coverage (if you have it) can help pay for repairs, regardless of fault. This is separate from liability and UM coverage.
Personal Injury Protection (PIP) or Medical Payments Coverage (MedPay)
PIP or MedPay coverage, if included in your policy, can help cover medical expenses regardless of fault. Illinois does not require PIP, but some policies offer MedPay, which can be an added layer of financial protection.
Filing a Lawsuit Against the Uninsured Driver
If you do not have UM coverage, or your damages exceed your policy limits, you may consider suing the uninsured driver for compensation. However, this can be challenging because:
- Uninsured drivers often lack sufficient assets to pay for damages.
- Collecting the awarded amount can be complicated even if you win a lawsuit.
Consequences for Uninsured Drivers in Illinois
Driving without insurance in Illinois has serious consequences. If an uninsured driver is caught or involved in an accident, they may face:
- Fines of $500 to $1,000 for driving without insurance (625 ILCS 5/3-707).
- Suspension of their driver’s license and vehicle registration.
- Additional fines and reinstatement fees to get their license back.
Additionally, if they are found at fault for an accident and unable to pay damages, a court may suspend their license until a settlement is reached or payments are made.
Steps to Take If an Uninsured Driver Hits You
If you are in an accident with an uninsured driver, follow these steps to protect your claim:
- Call the Police – Always report the accident and obtain an official police report.
- Gather Evidence – Take photos of the accident scene, vehicle damage, and any injuries.
- Exchange Information – Get the uninsured driver’s contact details.
- Seek Medical Attention – Even if you feel fine, injuries can appear later.
- Notify Your Insurance Company – Report the accident and file a claim under your UM coverage.
- Consult an Attorney – A lawyer can help you navigate your legal options and maximize compensation.
Contact Schierer & Ritchie, LLC Today
Being hit by an uninsured driver in Illinois can be frustrating, but you can recover compensation through your insurance policy, collision coverage, or legal action. Consulting a personal injury attorney can make a significant difference if you need help understanding your rights or negotiating with insurance companies.
Need Legal Help?
At Schierer & Ritchie, LLC, we specialize in helping accident victims recover the compensation they deserve. Contact us today for a free consultation to discuss your case.