Accident With an Uninsured Driver? Here’s What to Do in Chicago

Your primary options for seeking compensation after being involved in an accident with an uninsured driver are filing an uninsured motorist claim with your insurer and pursuing a personal injury lawsuit against the uninsured driver if he or she was at fault. When you’re involved in an accident in Chicago, knowing that the at-fault driver’s insurance should pay for your damages may give you some peace of mind. Finding out the driver lacks insurance makes things incredibly stressful and overwhelming in an already challenging situation. Accidents caused by uninsured drivers can pose significant legal and financial challenges for all the parties involved. Below, you’ll learn more about what to do if you’re harmed in a crash caused by an uninsured driver in Illinois.

If you were injured in an accident with an uninsured driver in Chicago, reach out to the uninsured motorist lawyers at DePaolo & Zadeikis by dialing 312-263-7560 for a free consultation.

Understanding Your Options After an Accident With an Uninsured Driver in Chicago

Illinois law requires all drivers to have liability insurance, which compensates others for bodily injuries and property damage from accidents caused by the drivers. The minimum liability insurance requirements are:

• $25,000 for bodily injury per person,
• $50,000 per accident, and
• $20,000 for property damage

Unfortunately, many drivers fail to comply with these rules, with approximately 16.3% of Illinois drivers being uninsured. This implies there’s a nearly one in six chance of being hit by someone who lacks coverage in Chicago or elsewhere in the state.

Dealing with the repercussions of an accident with an uninsured driver on your own can be financially catastrophic. However, victims of such an accident shouldn’t assume they can’t recover compensation due to the negligent driver lacking auto insurance. There are ways to get compensated when the driver responsible for the accident doesn’t have insurance.

Applying Your Uninsured Motorist Insurance

Uninsured motorist (UM) coverage is a type of auto insurance that provides compensation if you’re injured in an accident in which the at-fault driver can’t pay for your damages. It applies in accidents where the other driver doesn’t have liability insurance or can’t be identified, such as hit-and-run situations. Illinois law requires auto insurance policies to include uninsured motorist coverage.

Uninsured motorist coverage typically pays for your medical expenses, lost wages, and pain and suffering. It doesn’t cover property damage unless you carry additional uninsured motorist property damage (UMPD) coverage.

Underinsured motorist coverage, which provides coverage when the at-fault driver has insurance, but the coverage limits are not enough to cover all your damages, is usually bundled together with uninsured motorist coverage in auto insurance policies in Illinois. How much you can get from an underinsured motorists claim depends on factors like the language in your policy, liability for the crash, and severity of your injuries. Policies usually carry an amount of uninsured/underinsured motorist coverage equal to bodily injury liability limits. Illinois law requires uninsured motorist coverage limits of $25,000 per individual injured in an accident and $50,000 per accident.

Filing a Lawsuit Against the Uninsured Driver

You can pursue compensation directly from the at-fault driver by filing a personal injury lawsuit. Through a lawsuit, you’ll seek compensation for your injuries and damages from the driver’s personal assets. A lawsuit involves several legal processes, including filing a complaint, serving it upon the defendant, pre-trial procedures, and going to trial.

If successful, you’ll secure a judgment in your favor against the driver’s assets. Nevertheless, collecting compensation for your damages can be challenging, as the uninsured driver may lack the financial resources to pay a personal injury judgment. Compensation that fully covers your losses may be unavailable, even if liens are placed on the driver’s property and his or her wages are garnished.

Pursuing a lawsuit isn’t worth the time, effort, and expense if the driver can’t pay a judgment personally. Filing a lawsuit is a great option if the liable driver can be identified and has income sources or assets that can satisfy a judgment. It’s essential to consult a lawyer to assess the viability of pursuing a legal claim against the uninsured driver. Sometimes, a lawyer can help you pursue legal action against the driver’s employer or household members.

In many cases, filing an uninsured motorist claim is the most favorable option.

How Uninsured Motorist Insurance Works in Accident Cases

When you’re involved in an accident with a driver who’s uninsured or has fled the scene, there are several steps you’ll need to take to use your uninsured motorist insurance.

Notify Your Insurer

You’ll need to inform your insurance company about your accident as soon as possible. An uninsured motorists claim is filed with your own insurer. In some cases, you may be able to file a claim against a household or family member’s auto insurance policy. Claimants must provide written notices when filing uninsured motorist insurance claims.

Gathering Evidence

When you report your accident to your insurance company, your insurer will investigate your accident and review your claim to determine liability, confirm the other driver’s uninsured status, and evaluate damages. It’s crucial to provide the insurer with all the necessary documentation of your crash and injuries, including medical records, the police report, proof of lost wages, and the other driver’s lack of insurance.

Compensation

Once your insurer has established liability and evaluated your damages, the company will offer how much it considers to be fair based on the evidence provided and your uninsured motorist coverage limits.

Consulting a Lawyer

Navigating the uninsured motorist insurance process can be challenging. Even though you’ll deal with your own insurer, the company’s goal as a business will still be to protect its bottom line. Insurance companies will often try to minimize payouts to their policyholders, especially when they lack legal representation. As a result, you may receive less compensation than the full amount to which you’re entitled. Getting fair compensation may require negotiating the claim and even filing a lawsuit.

Speaking with an uninsured motorist lawyer about your case is beneficial. Legal counsel can make a huge difference. A qualified lawyer will review your accident, ensure the necessary evidence is gathered and preserved, determine the full extent of your injuries and damages, and build a strong case that maximizes your UM payout. Your lawyer will negotiate a favorable settlement on your behalf with your insurer.

Your underinsured motorist payout will be reduced if you were partially at fault for your accident in Chicago. That’s because Illinois operates under a modified comparative negligence rule. If you’re found to be 30% responsible for your accident, your payout may be lowered by 30%. An attorney will be critical in minimizing your percentage of fault during negotiations to enable you to secure the best possible settlement. Your attorney will gather comprehensive evidence that supports your claim and counters any allegations of fault.

Your attorney can represent you in court to recover fair compensation if your insurance company refuses to pay you for what your UM claim is truly worth. If your damages exceed your coverage limits, your attorney will advise on whether it’s ideal to pursue a lawsuit against the uninsured driver.

When You Should Hire a Lawyer for an Uninsured Driver Accident

It’s best to speak with an uninsured driver accident lawyer as soon as possible following your accident. Early legal help for uninsured driver accidents will ensure you understand your rights, identify the available UM coverage, know what to do after a hit-and-run crash, file your claim in a timely manner and in line with the policy’s terms, and avoid unexpected pitfalls.

Hiring an attorney is especially important if your claim involves complex circumstances, such as severe injuries, disputes, and multiple parties. If you’re severely injured, your attorney will fight for your rights to ensure you’re adequately compensated as you focus on your recovery. Disputes can arise with insurance companies over issues like your injuries, coverage limits, and the settlement amount. An experienced attorney will have the in-depth knowledge and skills to help you navigate this process and resolve disputes. He or she will negotiate with the insurer and litigate your case if the company remains uncooperative.

Remember, even your own insurer won’t have your best interests in mind when handling your uninsured motorist claim. Therefore, if you file a claim without legal assistance and your insurer denies your coverage, you should involve an uninsured motorist lawyer. Your lawyer will determine if your company is acting in bad faith and help you have the decision reversed, ensuring you’re treated fairly.

You don’t have to deal with the struggles and uncertainties of an accident with an uninsured driver alone. With more than 70 years of combined experience, DePaolo & Zadeikis uninsured motorist lawyers have helped numerous crash victims in Chicago secure the best possible case outcomes after accidents with uninsured drivers. Contact us today to discuss your options.