October 11, 2024 | Chicago Personal Injury Blog
Car insurance is mandatory in Illinois. Despite this, many drivers on the road choose to go without. According to estimates from the Insurance Research Council, nearly 1 in 8 Illinois drivers is uninsured.
Finding out that the driver who injured you is uninsured can cause a lot of anxiety. However, it doesn’t necessarily mean you’re out of options. If your own car is registered and insured in Illinois, your own auto insurance policy will include some amount of uninsured and underinsured motorist coverage (UM/UIM) to help you pay for the damages you’ve suffered.
That said, these claims can be difficult, even though you’re filing with your own insurance company. Call an experienced car accident attorney for help negotiating with insurance. A skilled lawyer can help you get fair compensation as an accident victim.
What Is Uninsured Motorist / Underinsured Motorist Coverage?
When you are in a car accident that wasn’t your fault, the at-fault driver’s insurance company should pay for your damages. These include your medical bills, lost wages, pain and suffering, and property damage.
However, the at-fault driver might have no insurance, or might have minimum insurance coverage. What happens then?
Uninsured motorist coverage will pay for your damages when the at-fault driver is uninsured, or when they cannot be identified (such as in the case of a hit-and-run accident). You can initiate an uninsured motorist claim with your own insurance company, and they should cover you up to your policy limits.
Underinsured motorist coverage will pay for any damages that you suffer above and beyond what the at-fault driver’s policy limits cover.
For example, many drivers carry the minimum liability coverage as required by state insurance laws, which is $25,000 per bodily injury, $50,000 per accident for bodily injury, and $20,000 for property damage in Illinois. In a serious car accident, your medical expenses can easily exceed $25,000, which is when the other driver would be considered an underinsured driver.
Factors that Affect the Value of Your Uninsured Motorist Claim
Calculating the value of your uninsured motorist claim can be difficult since no two cases are alike. Here are some critical factors to consider.
Injury Severity
In general, the more severely you’ve been injured, the more you can claim in damages.
A serious injury can result in significant medical bills, lost wages, and other financial expenses (such as the cost of household services or childcare). Additionally, you can also demand compensation for non-economic losses like physical pain and suffering, emotional trauma, or loss of quality of life. If you’ve sustained permanent and/or disabling injuries, pain and suffering damages can add significant value to your claim.
Share of Liability
Illinois courts follow the principle of modified comparative negligence. Under state law, you can only receive compensation from a personal injury claim if you are not more than 50% at fault for the injury. Furthermore, the value of your claim will be reduced by your percentage of fault. So, if a court finds you 20% responsible for the crash, you can only obtain up to 80% of your damages.
Policy Limits
When you file a UM/UIM claim, your own insurance carrier is only responsible for paying up to the insurance policy limits that you selected.
The minimum amount of UM/UIM coverage in Illinois is $25,000 per person or $50,000 per accident for injuries. If you only have the minimum coverage and are the only person hurt, your insurance company will not pay more than $25,000 regardless of how serious your injuries are.
You could try to file a personal injury lawsuit against the uninsured at-fault driver directly. But this is rarely worth it. If the driver didn’t have automobile insurance, it’s unlikely that they have significant personal assets to pay your damages either.
This is one very good reason to review your UM/UIM coverage limits today. Increasing your UM/UIM insurance coverage is often inexpensive. For a small increase in premiums, you can purchase significantly better coverage (and peace of mind). You may also choose to add uninsured motorist property damage, since mandatory minimum UM/UIM insurance coverage will not cover those damages and the cost of replacing a vehicle can easily exceed auto liability insurance.
Legal professionals who have experience with uninsured and underinsured motorist claims often recommend increasing your UM/UIM policy limits to $500,000.
When to Call a Car Accident Lawyer
Putting together uninsured motorist claims can be complicated and challenging. When you are recovering from a car accident, it can be difficult to find the time and energy to fight for the compensation you deserve. Don’t wait until you’re in too deep before you call an experienced car accident lawyer.
You think the insurance company made a low-ball offer, but you don’t know what your case is worth? It’s time to call a lawyer.
You have uninsured motorist coverage for a good reason, but now the insurance company doesn’t want to let you use it? It’s time to call a lawyer.
You need help showing accident liability, or showing the extent of your injuries? It’s time to call a lawyer.
You were hit by an uninsured or underinsured driver, and you don’t think the liability limits of your UM/UIM policy will cover your injuries? It’s time to call a lawyer.
An experienced attorney will know how to show the facts of the accident, either through gathering evidence of the accident itself, or sometimes through accident reconstruction. They can help show that the uninsured driver was at fault, and therefore your uninsured motorist coverage is responsible for paying your medical bills.
They can also advise you on getting the best possible treatment for your injuries, and helping you put together a convincing injury claim. Invisible injuries like PTSD can be more difficult to prove, and a lawyer can help show the insurance provider that your quality of life was drastically changed by an accident.
Another way a lawyer can help is by identifying other insurance policies that may pay out if you reach the policy limits of your own uninsured motorist insurance. Car accidents can cause a multitude of expenses, so it’s common to exceed policy limits. However, if you can show that a driver was on the clock during the auto accident, you may be able to seek compensation from a commercial policy carried by their employer.
Contact our Personal Injury Law Firm at Powell and Pisman Injury Lawyers
If you’ve been injured in an accident in Chicago, IL, don’t navigate the legal process alone. Our dedicated team is here to provide the expert guidance you need to secure the compensation you deserve. Contact our experienced attorneys at Powell and Pisman Injury Lawyers for a free consultation.
We serve Cook County and its surrounding areas:
Powell and Pisman Injury Lawyers
875 N Dearborn St 4th Floor
Chicago, IL 60610
(312) 635-5400