Uninsured And Underinsured Motorist Claims In Illinois: Protecting Yourself After A Chicago Accident

Being injured in a car accident is difficult enough. Discovering that the driver who caused the crash has no insurance or insufficient coverage adds another layer of stress. In Illinois, uninsured and underinsured motorist coverage exists to help protect accident victims in these situations.

Understanding how this coverage works may help Chicago drivers make informed decisions both when purchasing insurance and after an accident occurs.

The Problem Of Uninsured And Underinsured Drivers

Despite Illinois law requiring all drivers to carry liability insurance, many do not comply. Studies suggest that a significant percentage of drivers on Illinois roads are uninsured. Others carry only the minimum required coverage, which may be insufficient to cover serious injuries.

Illinois requires drivers to carry at least $25,000 in bodily injury liability coverage per person and $50,000 per accident. When injuries are severe, medical bills, lost wages, and other damages may far exceed these minimums. An at-fault driver with minimum coverage may have nowhere near enough insurance to compensate an injured victim fully.

An automobile accident attorney Chicago frequently encounters cases where the at-fault driver’s coverage falls short. Uninsured and underinsured motorist coverage may help fill this gap.

What Uninsured Motorist Coverage Provides

Uninsured motorist coverage, often called UM coverage, applies when the at-fault driver has no liability insurance at all. This coverage is part of your own auto insurance policy and pays for your injuries and damages when the responsible driver cannot.

UM coverage may also apply in hit-and-run accidents where the at-fault driver cannot be identified. In these situations, the injured party has no one to pursue for compensation except their own insurance company.

Illinois law requires insurance companies to offer UM coverage to policyholders. However, drivers may reject this coverage in writing. Those who declined UM coverage when purchasing their policy won’t have this protection available if they are hit by an uninsured driver.

What Underinsured Motorist Coverage Provides

Underinsured motorist coverage, known as UIM coverage, applies when the at-fault driver has insurance but not enough to cover the full extent of damages. UIM coverage pays the difference between the at-fault driver’s policy limits and the injured party’s actual damages, up to the UIM policy limit.

For example, if an at-fault driver has $25,000 in coverage but the injured party has $100,000 in damages and $100,000 in UIM coverage, the UIM policy may cover the remaining $75,000.

A car accident lawyer Chicago can help determine whether UIM coverage applies and how much compensation may be available.

Filing a UM or UIM Claim

Filing a claim against your own insurance policy differs from pursuing a claim against an at-fault driver’s insurer. Although you are dealing with your own insurance company, the process may still be adversarial.

Insurance companies have financial incentives to minimize payouts, even to their own policyholders. Adjusters may dispute the severity of injuries, question medical treatment, or argue that damages are lower than claimed.

Important steps in the UM or UIM claims process include:

• Notifying your insurance company of the accident promptly
• Documenting all injuries, treatment, and expenses thoroughly
• Gathering evidence about the at-fault driver’s lack of coverage or policy limits
• Reviewing your own policy to understand coverage amounts and conditions
• Avoiding recorded statements until you understand your rights

An automobile accident attorney in Chicago familiar with UM and UIM claims may help navigate this process and advocate for fair compensation.

Why This Coverage Matters For Chicago Drivers

Chicago’s roads see heavy traffic daily, and accidents are common. The likelihood of being hit by an uninsured or underinsured driver is not insignificant. Having adequate UM and UIM coverage provides a safety net when the at-fault driver cannot pay.

When purchasing auto insurance, drivers should carefully consider how much UM and UIM coverage to carry. Higher limits provide greater protection but cost more in premiums. Balancing cost against risk is a personal decision, but understanding the potential consequences of inadequate coverage may help inform that choice.

When To Consult An Attorney

If you have been injured in a Chicago accident involving an uninsured or underinsured driver, consulting with a car accident lawyer in Chicago may help you understand your options. These claims involve navigating your own insurance policy, which may contain complex provisions and deadlines.

An attorney may review your coverage, calculate your damages, and handle communications with your insurance company. Having legal guidance may help ensure that you receive the compensation your policy provides.