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Uninsured and Underinsured Motorist Claims in Illinois

Your Options When the At-Fault Driver Lacks Adequate Coverage

By LawMachinePublished September 25, 2024

Being injured in a car accident is stressful enough, but discovering that the at-fault driver has no insurance or insufficient coverage can make the situation feel hopeless. Fortunately, Illinois law provides options for recovering compensation through uninsured and underinsured motorist (UM/UIM) coverage.

Uninsured motorist (UM) coverage pays for your injuries when the at-fault driver has no insurance. Underinsured motorist (UIM) coverage applies when the at-fault driver's insurance limits are not enough to cover your damages.

Illinois Requirement

In Illinois, insurance companies are required to offer UM/UIM coverage to policyholders. Minimum coverage is $25,000 per person and $50,000 per accident, but you can purchase higher limits.
  • The at-fault driver has no auto insurance at all
  • The at-fault driver's coverage is less than your total damages
  • Hit and run accidents where the at-fault driver cannot be identified
  • The at-fault driver's insurance company is insolvent

UM/UIM claims are filed with your own insurance company. While this may seem straightforward, your insurance company will still try to minimize the amount it pays. The claims process typically involves:

  • Notifying your insurer of the accident
  • Providing medical records and proof of damages
  • Negotiating a settlement
  • Potentially going to arbitration if a settlement cannot be reached

Why You Need an Attorney

Even though you are filing a claim with your own insurance company, the process can be adversarial. Insurance companies have a financial incentive to pay as little as possible. An experienced attorney can negotiate on your behalf and ensure you receive fair compensation.

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