Uninsured / Underinsured Car Accident Claims Lawyers
Illinois law requires motorists to carry car accident insurance. However, there are some motorists who are willing to risk hefty fines and penalties for failing to acquire insurance. The Insurance Research Council reports that 11.8% of motorists in Illinois in 2019 were uninsured. Other drivers carry the minimum car insurance required by state law, which is often not enough to cover a serious car accident.
If you’ve been in a car accident with an uninsured or underinsured driver you are in danger of being uncompensated for the damages caused by the crash. However, it is completely unfair for you to be penalized because another motorist fails to buy insurance as required by the state. This is why our Naperville car accident attorneys pursue uninsured (UM) and underinsured (UIM) motorist claims.
Illinois law acknowledges the rights of car accident victims who are injured by uninsured drivers, granting them the ability to file claims with their own insurance policies to seek compensation for the damages they have suffered. Our office regularly handles these types of cases, and our Naperville car accident lawyers are experienced in making UM and UIM claims. Give us a call at (630) 527-1595 to see if you qualify for this legal option.Uninsured (UM) and Underinsured (UIM) Motorist Claims Explained
If you are involved in a car crash where the responsible driver lacks insurance coverage, an uninsured motorist claim (UM claim) may become necessary. This type of claim is filed with your own insurance provider if you are injured in an accident caused by an uninsured driver. You also have the option to pursue an uninsured motorist claim if you are the victim of a hit-and-run accident and sustain injuries. If you drive a car in Illinois, you are required to have a minimum of $25,000 of uninsured motorist insurance. This insurance will compensate you for your injuries, while your collision insurance covers the damage to your vehicle.
In some accidents, the at-fault driver may have insurance - but the coverage is below your attorney’s demand for compensation. This can happen when a driver has only acquired the minimum $25,000 required coverage in Illinois and your injuries are substantial. In such circumstances, car crash victims may have the option to file a second claim known as an underinsured motorist claim (UIM claim). However, underinsured motorist coverage is not required in Illinois, so you must check your auto insurance policy to see if you have it. If you do have UIM insurance, filing a claim with your insurance provider offers the opportunity for a more substantial financial recovery compared to solely pursuing the at-fault driver after an auto accident.
For example, consider a scenario where you are involved in a car accident and the at-fault driver only has the $25,000 state minimum insurance. You have underinsured motorist coverage, on top of the mandatory insurance. You sustain injuries valued at $45,000. In this case, the at-fault driver’s insurance will cover the first $25,000, and your UIM claim with your insurance provider will cover the remaining $20,000.What Automobile Insurance Coverage is Required in Illinois?
At present, Illinois law requires all motorists to carry the following minimum insurance coverage:
- $25,000 per person for physical injury or death
- $50,000 per incident or occurrence for injury or death
- $20,000 per incident for property damage
To illustrate how this insurance works, each victim can claim up to $25,000 in injury damages from the at-fault driver in a crash. However, all victims of the accident can only claim a maximum of $50,000 from the at-fault driver per accident. This means that if there are more than two victims in a single accident, each person will not be able to claim the full $25,000. This is why it can be helpful to have underinsured motorist coverage.
Currently, underinsured motorist coverage is not mandatory in Illinois. Nevertheless, it is automatically provided if you opt for higher limits of uninsured motorist coverage. It is advisable to include underinsured coverage in your automobile policy to safeguard yourself against drivers with inadequate insurance limits. The greater the coverage you have, the more protected you will be.
Uninsured motorist coverage is mandatory in Illinois and must be equal to or greater than the state's minimum liability coverage limits ($25,000). This insurance is meant to compensate a victim in the event of an accident with an uninsured motorist.How to Proceed with Your UM/UIM Driver Claim
By utilizing UM and UIM insurance policies, your car accident attorney will have the opportunity to seek compensation for the damages you have suffered--because of an uninsured or underinsured driver--by filing a claim with your insurance company. It is crucial to initiate this claim promptly, although specific timeframes may vary. That's why having a skilled Naperville car accident attorney by your side is essential to ensure your claim is accepted.
As this claim is filed against your insurance company, there may be an investigation of the accident, disclosure of your medical records, and depositions. Typically, the claim process will start close to the end of your medical treatment, allowing for a clearer understanding of the value of your damages.
Insurance companies may be hesitant to provide the full compensation you deserve for your injuries. This is when an experienced car accident lawyer’s assistance becomes valuable. Our experienced personal injury attorneys are well-versed in protecting your rights. We will handle negotiations on your behalf and work tirelessly to secure the maximum compensation you deserve after such a distressing ordeal.
Our Naperville car accident lawyers fight to recover damages for:
- Medical expenses
- Lost wages due to temporary or permanent inability to work.
- Future earning capacity
- Emotional distress and/or anguish
- Permanent disability directly caused by the accident.
- Pain and suffering
Give us a call today if you or your loved one has been involved in an uninsured or underinsured motorist accident. Our experienced Naperville car crash attorneys offer a free, no-obligation consultation to discuss your legal options. Give us a call at (630) 527-1595 or fill out our contact form to make sure you get the compensation you deserve.