The short answer
Illinois requires auto policies to include uninsured motorist (UM) coverage, which also covers hit-and-run drivers. If the at-fault driver has no insurance, you claim against your own policy. If their limits are lower than your underinsured (UIM) limits, UIM coverage may pay up to your UIM limit minus what their insurer actually paid. Notice, settlement, and arbitration requirements depend on your policy wording, so read it before you settle with anyone.
UM vs. UIM
Uninsured motorist (UM)coverage applies when the at-fault driver has no liability insurance or can't be identified, as in a hit-and-run. Underinsured motorist (UIM)coverage applies when the at-fault driver is insured, but their limits are lower than your UIM limits and don't cover your losses.
Illinois minimums
UM coverage must be at least the state's minimum liability limits in 625 ILCS 5/7-203: $25,000 per person and $50,000 per crash for bodily injury. Under 215 ILCS 5/143a-2, UM coverage must match your bodily-injury liability limits unless you rejected higher limits in writing, and UIM coverage is required when your UM limits exceed those minimums. Your declarations page shows what you actually bought.When this coverage usually applies
- The at-fault driver had no insurance on the date of the crash
- A hit-and-run driver was never identified
- The at-fault driver's limits are lower than your damages and lower than your UIM limits
- You were a passenger, pedestrian, or cyclist covered under your own or a household member's policy
What to do
- Call police and get the crash report number; many policies require hit-and-run crashes to be reported to police within a set time
- Notify your own insurer in writing as soon as possible; the notice requirement comes from your policy, and the wording differs between policies
- Request a copy of your declarations page and full policy to confirm your UM and UIM limits and conditions
- For a UIM claim, give your own insurer written notice before settling with the at-fault driver. Under 215 ILCS 5/143a-2(6), if it does not advance the tentative settlement amount within 30 days of that notice, it cannot pursue subrogation against that driver
- Check your policy's consent-to-settle and release terms before signing any release with the at-fault driver's insurer
- Keep medical records, bills, and proof of lost income organized from the start
How UM/UIM claims are resolved
You are claiming against your own insurer, but it still evaluates fault and damages and may dispute both. Under 215 ILCS 5/143a, Illinois UM policies must provide for disputes over coverage and damages to be decided by arbitration. Under that section, an arbitration decision is binding up to $75,000 per person and $150,000 per crash, or the policy limits if they are lower. What happens above those amounts depends on the policy.
There is no single deadline for UM/UIM claims. The time to give notice or demand arbitration depends on your policy wording and on how Illinois courts treat that wording. It is not necessarily the two-year lawsuit deadline in 735 ILCS 5/13-202, so have the policy reviewed early.
Primary sources
- 215 ILCS 5/143a — Uninsured and hit-and-run motor vehicle coverage
- 215 ILCS 5/143a-2 — Additional uninsured and underinsured motorist coverage
- 625 ILCS 5/7-203 — Minimum liability policy limits
- 735 ILCS 5/13-202 — Two-year personal injury limitation
This article is general information, not legal advice for your situation. Your policy language controls your coverage.