Getting into a car accident caused by another person’s negligence is stressful enough. Finding out that he or she doesn’t have insurance only makes a bad situation worse. Sadly, this circumstance is more common than you might think.
The Insurance Information Institute (III) estimates that 15.4 percent of drivers nationwide do not have insurance. That gives you a more than 1 in 7 chance of getting hit by an uninsured driver. The good news is that, although this is very frustrating, you still have legal options and may not have to bear all the expenses out of pocket.
In this guide, we’ll explore your legal rights if you’ve been hit by an uninsured driver in Illinois and consider how an experienced car accident lawyer can help you seek justice.
An uninsured driver is someone who:
If a driver does not have enough insurance coverage to cover your losses, he or she would be considered an underinsured driver.
In Illinois, motorists are required by state law to purchase uninsured motorist bodily injury coverage (UM) as part of their liability insurance. Many drivers only carry the minimum coverage required by law – $25,000 for physical injuries to one person, or $50,000 for injuries to more than one person (coverage for your passengers). However, for an extra premium, you can increase your level of coverage.
The requirement to purchase this insurance means that if you get hit by an uninsured driver, your first potential source of compensation is your own insurance policy.
Illinois drivers must also purchase underinsured motorist bodily injury insurance (UIM). This covers the difference between the policy limits of the at-fault driver and your UIM policy limits, if the other driver's limits are lower than yours.
If your compensation is valued at $55,000, and the other party only has $30,000 of coverage, your UIM policy would top up your compensation to $55,000, minus a $250 deductible.
If you were struck by an uninsured driver as a pedestrian, you may be entitled to use your uninsured motorist coverage to claim for your injuries. This is because the policy covers the person, not the vehicle.
This could protect you in several situations, including:
Every uninsured car accident case is unique and requires its own investigation. It’s easy to assume that because a driver was uninsured, he or she does not have the financial resources to cover your losses. However, this may not be the case.
The driver may have inadvertently allowed his coverage to lapse. If your lawyer advises that you have a strong chance of success, he or she can file a lawsuit on your behalf to seek the compensation you deserve.
If other drivers contributed to your accident, you may also be able to file claims on their insurance for compensation. And if defective parts contributed to the accident, you may be able to file a product liability claim against the vehicle or part manufacturer.
These are just a few reasons why you should never assume you do not have options. Always seek personalized legal advice from a lawyer who understands state and federal laws that have a bearing on your case.
You may wonder, “If I’m going to be seeking compensation from my own insurance company, is there any need to hire a lawyer?” The thinking behind this is probably that we can trust our insurance company to look out for our best interests. After all, we pay our premiums and have purchased coverage for just such a situation.
The sad reality is that, whether you are their client or not, insurance companies are not interested in your best interests; they are interested in their bottom lines. To maintain their profits, they will try to limit how much they pay out on every claim, including those made by their own customers.
The insurance company wants you to think their first offer is your final offer, and if you don’t work with a dedicated lawyer who advocates for your rights, it may be the only offer you receive.
The safest course of action is to let a qualified Illinois car accident lawyer represent you in all discussions with your insurance company. This will help you avoid being pressured to make a recorded statement or accept a lowball offer – two common tactics insurance companies use to reduce settlements.
By contrast, a dedicated Illinois car accident attorney will make your case his or her personal business, and fight for you like you were a member of the family. Your lawyer has one goal – to secure the best possible settlement for your case.
To do this, your lawyer will:
Rather than trusting an insurance company that does not care about its clients, trust a legal team that puts your needs first and fights to get you the compensation you deserve.
Getting hit by an uninsured driver is a frustrating situation, not to mention a painful one. Don’t let the injustice of your accident cause you to give up on seeking the compensation you need to rebuild your life.
A dedicated Collins Law car accident attorney is ready to hear your story and explain your legal options. We never give up in pursuing the compensation our clients need. In one uninsured motorist case, we secured an additional $100,000 in damages for our client by doggedly pursuing justice at trial.
So, don’t delay. Discover today if you have a strong case for compensation and learn how to move it forward. Schedule a free consultation by calling Collins Law 24/7 at (630) 527-1595. If you prefer, contact us online and we will call you back to schedule our discussion very soon.
