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What Happens If the Other Driver Has No Insurance in Illinois?
A car accident is stressful enough without discovering that the driver who caused the crash is uninsured.
Suddenly, you may be facing medical bills, vehicle repairs, lost income, and other expenses without the at-fault driver’s insurance company to turn to.
So, what if the other driver has no insurance Illinois? You may still have options for recovering compensation. Illinois requires most drivers to carry liability insurance, but uninsured drivers are still on the road.
Fortunately, Illinois law requires auto insurance policies to provide uninsured motorist bodily injury coverage, subject to the policy’s terms and limits.
Understanding how uninsured motorist coverage works and what steps to take after a crash can help protect your rights.
What Happens If an Uninsured Driver Causes a Car Accident in Illinois?
If an uninsured driver causes your accident, you generally cannot file a traditional bodily injury claim against that driver’s nonexistent insurance policy. However, you may be able to seek compensation through your own uninsured motorist (UM) coverage.
Illinois law requires qualifying auto insurance policies to include uninsured motorist coverage for bodily injuries caused by uninsured or hit-and-run drivers. The minimum UM bodily injury limits generally correspond to Illinois’ minimum liability limits: $25,000 per person and $50,000 per accident. You may have purchased higher limits.
Your UM coverage may help compensate you for losses such as:
- Medical expenses and future medical treatment
- Lost wages and reduced earning capacity
- Physical pain and suffering
- Emotional distress
- Other damages resulting from your injuries
What Is Uninsured Motorist Coverage in Illinois?
Uninsured motorist coverage provide protection when you are injured by a driver who does not have the liability insurance required by Illinois law.
Illinois generally requires motorists to carry at least $25,000 in bodily injury liability coverage per person, $50,000 per accident, and $20,000 in property damage liability coverage.
UM coverage essentially provides a potential source of compensation through your own policy when the at-fault driver cannot provide liability coverage.
However, having UM coverage does not automatically mean your insurer will pay every dollar you request. You still need to establish that the other driver was responsible and demonstrate the nature and extent of your damages.
What Should You Do After an Accident With an Uninsured Driver?
Your actions immediately after the crash can make a significant difference to an insurance claim.
Call the Police
Report the accident and make sure an official crash report is created. This can provide important evidence about the collision and the parties involved.
Get the Driver’s Information
Get the other party’s full name, contact details, driver’s license number, car details, and insurance details if available. If the other party claims that he does not have any insurance, make note of the same.
Collecting Evidence
Photograph and/or video record the accident scene, road conditions, traffic signs, and injuries sustained, if any.
Notify Your Insurance Company
Tell your insurer about the accident as soon as reasonably possible. Illinois’ Department of Insurance recommends promptly reporting losses to your insurance company.
Can You Sue an Uninsured Driver in Illinois?
Potentially, yes. An uninsured driver does not automatically become immune from personal liability simply because they lack insurance.
You may have the right to pursue a personal injury lawsuit against the at-fault driver. However, winning a judgment and actually collecting money are two different things. An uninsured driver may have limited assets or income available to satisfy a judgment.
That is why identifying available insurance coverage, including your own UM coverage, is often an important part of evaluating an uninsured-driver accident claim.
An attorney can also investigate whether another person or entity may share legal responsibility for the crash.
How a Chicago Car Accident Lawyer Can Help With an Uninsured Driver Claim
Uninsured motorist claims can involve more than simply submitting medical bills to an insurance company. The insurer may examine liability, the severity of your injuries, prior medical records, lost income, and whether the damages you are claiming are supported by evidence.
A Chicago car accident lawyer can help investigate the crash, identify available insurance coverage, gather supporting evidence, document your losses, communicate with insurers, and pursue appropriate compensation.
Legal guidance can become particularly important when your injuries are serious, the insurance company disputes your claim, or the value of your losses exceeds available coverage.
Why Choose Chicago Auto Injury Lawyers?
Wondering: What if the other driver has no insurance Illinois?
At Chicago Auto Injury Lawyers, the legal team helps people injured in Chicago-area car accidents understand their options after a crash, including accidents involving uninsured and underinsured drivers.
If an uninsured driver caused your accident, you do not necessarily have to handle the insurance process alone. Getting your policy reviewed can help you make informed decisions about your claim.
FAQs
What if the other driver has no insurance in Illinois?
If an uninsured driver caused your accident, you may be able to file a claim under your own uninsured motorist bodily injury coverage.
Does Illinois require uninsured motorist coverage?
Generally, Illinois law requires qualifying auto insurance policies to include uninsured motorist bodily injury coverage at the applicable minimum limits. Policy terms and statutory exceptions can affect whether coverage applies.
How much does uninsured motorist insurance cover in Illinois?
The statutory minimum for uninsured motorist bodily injury coverage is generally $25,000 per person and $50,000 per accident, although drivers may carry higher limits.
Can I recover compensation if the uninsured driver was at fault?
You may pursue a UM claim through your own insurance policy and, depending on the circumstances, may have the option to pursue the at-fault driver directly.
Legally Reviewed By
Attorney Jonathan Rosenfeld
Content legally reviewed by Jonathan Rosenfeld This page has been reviewed for legal accuracy by Jonathan Rosenfeld, a Chicago personal injury attorney with nearly 25 years of experience representing people injured in car, truck, motorcycle, pedestrian, and rideshare accidents. Jonathan has recovered more than $450 million in settlements and verdicts for injured clients and families in Chicago. He holds a 10/10 rating on Avvo, is a member of the Million Dollar Advocates Forum, and has been repeatedly recognized by Super Lawyers. Jonathan leads the firm’s approach to holding insurance carriers and corporate defendants accountable for serious traffic injuries.