Can You File a UM/UIM Claim If You Were Partially at Fault?

In most cases, you can still file a claim for UM or UIM coverage if you are partially at fault. However, there are implications to this. In Illinois, a state that follows a modified comparative negligence rule, you can still seek compensation if you are no more than 50% at fault.

There are several factors to consider when determining whether you can pursue a UM/UIM claim if you are partially at fault. A Chicago accident lawyer can help you determine these rights.

When You Can File a UM/UIM Car Accident Claim

Uninsured motorist (UM) and underinsured motorist (UIM) coverage provides financial support when the person at fault in an accident lacks liability insurance or has insufficient coverage to cover your losses. If you purchased UM/UIM insurance coverage, that means you have financial protection in the event that the person at fault for your injuries and losses does not have enough insurance or any at all.

Here is when UM/UIM coverage applies:

• UM: The driver who struck you in a car accident did not have any insurance at all. You can file a claim for up to your coverage limit with evidence to substantiate the losses.
• UIM: The driver who caused the accident had insurance, but your losses were significantly higher than their coverage. You can file a UIM claim for the value not covered by the other driver.

In both situations, you must have evidence to value your claim and losses. You must be able to show that you took steps to make the other party pay. Consulting a seasoned car accident attorney ensures your initial claim is filed correctly alongside proper documentation.

Partial Fault in UM/UIM Accident Cases

In situations where you are in an accident and are partially at fault, shared liability may apply. Under Illinois modified comparative negligence law, you can file a compensation claim only if you are 50% or less at fault in the accident. The insurance company or the court will set this percentage of fault based on the evidence in the case.

If you are found to be 50% or less at fault, you can file a claim for your losses, but your claim will be reduced based on the percentage of fault attributed to you. For example, if you are found to be 20% at fault, that means your claim value will be lowered by 20%. You only recover 80% of the losses you have.

In situations where you are 51% or higher at fault, you are barred from filing a claim for any losses at all. That means you cannot seek compensation for any of the losses you have. In cases of UIM coverage, calculating the actual amount you will receive can be hard. That is when having a car accident lawyer available to help you can be very important. They will do everything possible to increase the value of your claim by reducing the percentage of fault attributed to you.

Seek the Help of a Chicago Car Accident Attorney to Determine Your Case Value

You can file a claim for compensation after a car accident for UM/UIM even if you are partially at fault. But lowering that percentage of fault is critical. Your car accident lawyer in Chicago or elsewhere in Illinois will help you to do that to preserve more of the case and claim and allow you to take home more.

Contact a car accident attorney today from Taxman, Pollock & Bekkerman at (312) 586-1700 for a free consultation.