Illinois is one of only 22 states that require uninsured motorist coverage (UM) as part of the standard minimum auto insurance package carried by all licensed drivers. This coverage offers many benefits that protect drivers after an accident in fault-based insurance states, such as Illinois.
The state’s modified comparative negligence system under Illinois 735 ILCS 5/2-1116 compels car accident victims who seek compensation for their property and personal injury damages to file a claim against the responsible party as long as they are more than 51% responsible for the accident, but what if the at-fault party lacks insurance?
That’s where the state’s uninsured motorist coverage requirement greatly benefits a car accident victim. In the event you were involved with in a collision with an uninsured driver, contact our uninsured accident attorney in Chicago.
According to the Insurance Information Institute, an alarming 15.4% of drivers lacked insurance as recently as 2023, equalling about one out of every seven drivers, including in Illinois.
Car accidents are costly, especially when they cause significant injuries that interfere with earning ability at the same time that they require medical care. In the fault-based insurance states that do not require UM coverage, an injury victim may find themselves absorbing the losses without compensation.
Uninsured motorist coverage allows a car accident victim to recover compensation for their losses by filing a claim against their own insurance policy under their uninsured motorist coverage.
Uninsured motorist coverage in Illinois applies when the other driver caused the accident (or is more than 51% at fault) and has no insurance. It also provides coverage when a hit-and-run driver is at fault in an accident. In this case, it’s crucial to obtain a copy of the police report showing that a hit-and-run driver caused the accident.
In Illinois, a UM policy does not cover property damage. Instead, it covers only personal injury damages, including the following:
The minimum required Illinois uninsured motorist insurance provides up to $25,000 in personal injury coverage per person or up to $50,000 total injury coverage per accident if more than one person is injured. The policy covers the driver, passengers, family and household members, and any pedestrians or bicyclists who are injured by an uninsured driver.
Underinsured motorist coverage (UIM) is typically bundled into an uninsured motorist policy. UIM insurance serves an equally important function by providing additional compensation to an Illinois car accident victim whose expenses exceed the limits of the at-fault driver’s policy.
Most drivers in Illinois carry only the minimum coverage. Today’s medical costs are high, and coverage doesn’t go as far as it once did. For this reason, underinsured motorist compensation often fills the gap in coverage for an Illinois car accident victim with significant injuries.
For example, if your medical expenses amount to $50,000, and the at-fault driver only has the minimum required liability coverage of $25,000, you could recover the remaining $25,000 from your own UIM policy.
It’s important to note that insurance companies investigate auto accidents and assign fault percentages to the involved drivers. If the insurer assigns you a percentage of fault, you may still recover compensation as long as you are less than 51% at fault; however, the insurance company subtracts your percentage of fault from the amount they pay out on the claim.
Contact the Chicago auto accident lawyers from Smith LaCien today for a free consultation.
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