If you are hurt by a driver who has little or no insurance, your own uninsured and underinsured motorist coverage is usually what pays. Illinois requires every auto liability policy to include uninsured motorist coverage, so you likely already have it even if you have never thought about it. Here is what that coverage does, what the law requires, and how a claim works.
How Common Are Uninsured Drivers?
Research estimates that about 14% of U.S. motorists (around one in seven) are driving without insurance, so an encounter with an uninsured driver is far from a rare event.
Despite driving precautions, motor vehicle accidents continuously happen every day. According to the Illinois Department of Transportation (IDOT), in 2018, the state had 319,146 motor vehicle crashes. Of which, 21.1% or 67,453 were injury crashes. Many drivers ignore basic insurance requirements and drive with little or no coverage.
What Illinois Law Requires
Every auto liability policy issued in Illinois must include uninsured motorist bodily injury coverage, and that coverage reaches hit-and-run crashes as well as crashes with a driver who simply has no insurance (215 ILCS 5/143a). You do not have to ask for it, though you can buy more of it.
The minimum liability limits an Illinois driver must carry are $25,000 for the injury or death of one person in a car accident, $50,000 for the injuries or deaths of two or more people, and $20,000 for property damage (625 ILCS 5/7-203). Uninsured motorist coverage is tied to those same bodily injury figures, so the minimum UM limits are also $25,000 per person and $50,000 per accident. Higher limits usually cost far less than people expect, and a serious injury can pass $25,000 in a single hospital stay. Uninsured motorist coverage is one of several required auto insurance coverages in Illinois.
Understanding UM and UIM Coverage
When someone else causes your injury, you would normally pursue a claim against that person’s liability insurance. The problem comes when the at-fault driver has no coverage or not enough of it, and that is the gap uninsured motorist (UM) and underinsured motorist (UIM) coverage is built to fill.
UM coverage applies when the at-fault driver has no liability insurance at all, or cannot be identified, as in a hit-and-run. UIM coverage applies when the at-fault driver has insurance but not enough to cover what you lost.
One point about UIM surprises almost everyone: it does not stack on top of the other driver’s policy. The most your UIM coverage can pay is the amount by which your UIM limits exceed the at-fault driver’s bodily injury limits (215 ILCS 5/143a-2). If you carry $100,000 in UIM coverage and the at-fault driver carries the $25,000 state minimum, your UIM side of the claim is worth up to $75,000, not $100,000. That is why buying UIM limits only slightly above the state minimum offers less protection than it appears to.
Both UM and UIM cover bodily injury, not damage to your vehicle. Illinois insurers must make uninsured motorist property damage coverage available separately. Where you carry it, it applies only when the uninsured vehicle actually made contact with yours, it can carry up to a $250 deductible, and it does not cover loss of use or personal items inside the car (215 ILCS 5/143a). Collision coverage is the other common route to repairing your own vehicle. Collision and comprehensive coverage are optional in Illinois, but they fill real gaps when the at-fault driver cannot pay.
Deadlines That Can End a UM or UIM Claim
Two clocks run at once, and they are not the same clock. A lawsuit against the at-fault driver generally has to be filed within two years of the injury (735 ILCS 5/13-202).
A UM or UIM claim is different, because it is a claim against your own insurer under your own policy. Policies routinely impose their own requirements, such as prompt notice of the crash, notice before you settle with the at-fault driver, and a deadline to demand arbitration. Those policy deadlines can fall well before the two-year mark and can end an otherwise valid claim on their own. Settling with the at-fault driver’s insurer before notifying your own carrier is a common and avoidable way to lose UIM benefits, so it is worth having someone read your policy early.
Filing an Uninsured or Underinsured Motorist Claim
If you were injured by an uninsured or underinsured driver and your losses exceed that driver’s coverage, you may be able to file a claim with your own insurance company under your policy’s terms. Many hit-and-run drivers have neither insurance nor assets worth pursuing, which is often what makes your own UM or UIM coverage the only meaningful source of recovery.
Remember that you and your insurance carrier have separate interests once you file. This is your insurer’s money now, and claims are evaluated accordingly. Having an attorney handle the claim can help you document your losses properly and push back when the valuation comes in low.
The Lifetime Cost of a Serious Accident
Here are some estimates from the National Safety Council of how much certain injuries can cost an individual over a lifetime, based on medical expenses, vehicle damage, lost wages, and other losses in 2010:
- Property damage accident with a disabling injury – $8,900
- Non-fatal injury – $70,200
- Motor vehicle death – $1,410,000
These are illustrative figures from a national safety organization, not predictions about any particular claim.
Special Risks for Motorcyclists
Riding a motorcycle carries higher inherent risk because a bike offers less stability, less surrounding protection, and far less mass than a car. A crash that would be minor between two vehicles can be life-threatening for a rider. The National Highway Traffic Safety Administration (NHTSA) found that in 2016, motorcyclists were 28 times more likely than passenger car occupants to die in a crash per vehicle mile traveled.
That difference matters for insurance. When a motorcyclist is hit by an uninsured or underinsured driver, the injuries and losses are likely to be far more serious, so minimum limits run out faster. Most states require some form of motorcycle insurance, and requirements vary. Whatever you ride, carrying UM and UIM limits above the state minimum is one of the few protections that is entirely within your control.
Why You Need a Personal Injury Attorney
Having the right coverage is only the first step. An experienced personal injury attorney can build the claim, document your medical expenses, lost wages, and pain and suffering, and hold the responsible party accountable. 844-SEE-MIKE can deal with the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing. We will keep you informed at every step, and we are prepared to take a case to trial when an insurer will not treat it fairly.
Contact 844-SEE-MIKE for a Free Consultation
If you or a loved one was injured in a crash with an uninsured or underinsured motorist, you can talk through your options at no cost and with no pressure. Contact 844-SEE-MIKE for a free consultation, and you pay nothing unless we recover money for you. This article is general information, not legal advice.
