Motor vehicle collisions are among the most common types of personal injury accidents and cause some of the most severe injuries. In a motor vehicle accident, the insurance policy liability limits will typically determine the compensation available for damages. If another driver caused the accident, you have the right to expect the at-fault party to have insurance or sufficient coverage to compensate for your losses.
Unfortunately, many individuals driving motor vehicles fail to have insurance or sufficient coverage to compensate for losses adequately. The Insurance Research Council’s study found that approximately 13.7% of Illinois drivers operate their vehicles without vehicle insurance. If the at-fault party fails to have insurance or lacks sufficient coverage, you might be eligible to receive compensation from uninsured or underinsured motorist coverage.
If you or a loved one were injured, you should always seek immediate medical attention and consult with a personal injury attorney. Our Chicago and Illinois uninsured and underinsured coverage attorneys know how an injury can instantaneously change a life. At Kasan Law, we have experience assisting car accident victims recover compensation for injuries and damages caused by uninsured and underinsured drivers.
Under Illinois law, drivers must maintain a minimum amount of automobile liability coverage, as follows:
Illinois law requires automobile liability policies to provide a minimum level of uninsured motorist (UM) and underinsured motorist (UIM) coverage, as follows:
Illinois drivers are always required to carry proof of insurance. Upon request by any law enforcement officer, they must present their insurance card. If the driver is involved in a collision or stopped for a traffic violation without proof of insurance, the officer may issue a traffic ticket. If convicted, the license plates will be suspended, and the driver can face the following fines:
Illinois law requires vehicle insurers to provide uninsured motorist (UI) and underinsured motorist (UIM) coverage. The vehicle liability policy usually includes UI and UIM coverage. An uninsured or underinsured car accident coverage claim applies in two situations:
Generally, the vehicle insurance policy will provide UI and UIM coverage in an amount equal to the liability coverage, unless the coverage for an amount above the minimum limits is rejected.
Uninsured or underinsured motorist coverage is available to any person that qualifies as an insured, such as:
Uninsured motorist coverage may apply when the vehicle owner or driver is at fault for the accident and has no insurance coverage. If an uninsured driver caused the accident leading to injuries, you might be eligible to receive compensation by filing an uninsured motorist claim with your own insurance company. If a hit and run driver caused the accident, uninsured motorist coverage might provide compensation for your injuries. In an uninsured motorist claim, your insurance company may pay damages for bodily injury that you were entitled to collect from the owner or driver of an uninsured motor vehicle.
If the at-fault driver has insufficient liability coverage to compensate for the injuries, you should file a claim with your insurance company for underinsured motorist coverage. In an underinsured motorist claim, your insurance company may pay the difference between the two policies under the terms of your UIM coverage. However, if the at-fault driver’s liability limits are the same as your UIM limits, UIM coverage might be unavailable.
In both uninsured and underinsured motorist claims, the policy usually requires you to provide your insurance company written notice of the accident, and include the following:
Each uninsured and underinsured motorist claim is unique, presents multiple variables, and can become complex depending on the facts and circumstances surrounding the incident. At Kasan Law, our Chicago and Illinois motor vehicle collision attorneys deal with the insurance companies, so you don’t have to. If a settlement cannot be reached, our Chicago and Illinois attorneys are prepared to fight for your rights through trial.
At Kasan Law, we take all personal injury cases on a contingency basis, which means you will not pay any legal fees unless we get you compensation for your case. Our consultations are free and carry no obligations.
As with any personal injury case, you must act quickly to protect your legal rights. If an uninsured or underinsured driver injured you or a family member, contact our Chicago and Illinois vehicle accident attorneys to schedule your free consultation and case review by calling (312) 300-6724, e-mailing us at [email protected], or schedule your consultation online.