Being hurt in a crash is bad enough. Learning that the driver who hit you has no insurance, or only the bare minimum, adds a second problem: who actually pays for your medical bills, lost wages, and everything else? In Illinois, the answer is usually sitting in your own auto policy, in coverage you have been paying for all along. Using it well is another matter, because at that point you are negotiating against your own insurance company.
According to the Insurance Research Council, 15.4% of American drivers were uninsured in 2023, and roughly one in three were either uninsured or underinsured. Even drivers who follow the law are often badly underinsured: Illinois requires only $25,000 per person in bodily injury liability coverage, an amount one emergency room visit and a surgery can exhaust. If your injuries are serious, there is a real chance the at-fault driver's policy will not come close to covering them.
Uninsured motorist (UM) coverage steps in when the at-fault driver has no insurance at all, and it also covers hit-and-run crashes. It is mandatory in Illinois: under 215 ILCS 5/143a, every auto policy issued in the state must include UM bodily injury coverage of at least $25,000 per person and $50,000 per accident.
Underinsured motorist (UIM) coverage steps in when the at-fault driver has insurance, but not enough. Under 215 ILCS 5/143a-2, when your UM limits exceed the state minimum, your policy must include UIM coverage in the same amount. UIM pays the gap between the at-fault driver's limits and your own UIM limits. If your UIM limit is $100,000 and the driver who hit you carries $25,000, your UIM coverage can provide up to $75,000 on top of what their insurer pays.
One detail trips up many drivers: your UM and UIM limits must equal your liability limits unless you specifically rejected the higher amounts in writing. Many people carry more of this coverage than they realize, which is the first thing we check when we review a client's policy.
A UM or UIM claim feels different from a normal claim, and it should. You are no longer asking your insurance company to defend you; you are asking it to pay you, and it has the same financial incentive to minimize your claim that the other driver's insurer would. Adjusters may question your injuries, your treatment, and your account of the crash. Most policies route disputed UM and UIM claims to arbitration rather than court, and they impose notice and demand requirements with deadlines that can be far shorter than the two years you have to file a lawsuit. Missing a policy deadline can cost you the claim entirely.
Call the police and make sure a report is filed; for hit-and-runs this is essential to the claim. Get medical care immediately and follow through on treatment. Notify your own insurer promptly that you may have a UM or UIM claim, but decline to give a recorded statement until you have spoken with an attorney, because in this claim your insurer is the opposing party. Keep everything: photos, witness names, bills, and correspondence. And have a lawyer review your policy early, before any deadline passes.
A hit-and-run is handled as an uninsured motorist claim under your own policy. Illinois's UM statute expressly covers hit-and-run vehicles. Report the crash to police right away; a prompt police report is important to the claim.
At least $25,000 per person and $50,000 per accident, because Illinois law requires it. Your UM coverage must equal your liability limits unless you rejected the higher amount in writing, so check your declarations page; you may have substantially more than the minimum.
Yes, but a lawsuit is only worth what you can collect, and a driver who could not afford insurance often cannot pay a judgment. The practical recovery in most cases comes through your own UM coverage, with a personal claim pursued only when the driver has assets.
These claims are governed by your insurance contract as well as by statute, and policies impose their own notice and arbitration deadlines that can be shorter than the deadline to file a lawsuit. Notify your insurer promptly and have an attorney review the policy language early.
The Illinois car accident lawyers at Collins Law Group know how insurers handle UM and UIM claims, and how to push back when your own company undervalues your injuries. We will review your policy, identify every source of recovery, and give you a realistic picture of what your case will involve and how long it may take. Call (630) 527-1595 or fill out our contact form for a free, no-obligation case evaluation.
Serious crashes frequently cause traumatic brain injuries and spine or disc injuries. These cases often connect to our related practice areas:
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