Uninsured or Underinsured Motorist Accidents
Driving without insurance is against the law in Illinois. Unfortunately, it is common for drivers to break this law and drive on public roads with less than the required amount of insurance or no insurance at all. If you get involved in a crash with one of these drivers, you need to know how to proceed with a claim to receive fair financial compensation and move forward.
Is UM/UIM Insurance Required in Illinois?
Uninsured motorist (UM) and underinsured motorist (UIM) insurance are two types of coverage that can pay for medical bills (and sometimes property damage) when the at-fault driver in a car accident does not have adequate insurance. They can also pay for the policyholder’s damages after a hit-and-run accident.
Currently, Illinois requires all drivers to carry uninsured motorist insurance with a limit of at least $25,000 per person and $50,000 per accident in bodily injury coverage. Underinsured motorist insurance is not required, but legally must be offered by insurance companies with a maximum deductible of $250.
How to Use UM/UIM Insurance
If you get involved in a car accident and find out that the other driver is unlawfully driving without insurance, take the following steps to protect your rights and start building your first-party insurance claim:
- Report the car accident to the police immediately. A police report noting that the other driver does not have adequate insurance can be used as key evidence during your claim.
- Seek medical attention without delay. Get medical care for your injuries and keep copies of your health care records to submit with your claim.
- Contact your own car insurance company. Call to file a UM claim, explaining that the other driver does not have insurance.
- Provide documentation. An insurance claim typically requires supporting evidence, such as a police report, medical records, witness statements, and photos of the accident scene.
- Hire an attorney. If you encounter any difficulties getting fair compensation for your car accident through UM or UIM insurance, consult with a Chicago car accident lawyer.
Your insurer will walk you through the steps of filing an uninsured motorist claim and explain your coverage. UM insurance may be able to cover your medical bills, lost wages, vehicle repairs, pain and suffering, and funeral expenses in the event of wrongful death, depending on your policy.
Important Deadlines to Know
Act quickly when filing a claim after an uninsured or underinsured motorist accident in Chicago. Under Illinois’s statute of limitations (735 Illinois Code of Civil Procedure 5, Section 13-202), you have no more than two years from the date of the crash to bring a personal injury cause of action against the at-fault party.
In addition, most automobile insurance companies have tight deadlines for filing. Check your insurance policy for any relevant time limits and always file your UM/UIM claim as soon as possible – ideally within 24 to 72 hours of the accident. Your insurer will then have 15 working days to respond to your claim.
Do I Need to Hire a Lawyer in Chicago for an Uninsured or Underinsured Motorist Accident?
If you get hurt in an accident caused by an uninsured or underinsured motorist, an attorney in Chicago can provide valuable advice and assistance throughout the recovery process. Your attorney can collect evidence, file a claim with your insurance provider on your behalf, and take over settlement negotiations to ensure a fair case outcome.
Dealing with medical treatments, pain and stress, vehicle repairs, and disruptions to your work can be difficult enough. If your claim involves challenges, your attorney can help you overcome them. Your lawyer will maximize your financial outcome as much as possible for an uninsured motorist collision while you focus your energy on recovery.