Car accidents are always traumatic, and sometimes painful or even life-altering when they result in serious injuries. Then, the car accident victim faces the distressing process of filing a compensation claim against the responsible party’s insurance. In many cases, this requires an attorney’s representation to make a strong, evidence-backed claim proving the responsible driver’s liability to their insurance company.
But what happens when the driver who caused the accident has no insurance? Can a lawyer still help an injury victim recover compensation? Reach out to our auto accident lawyers in Chicago for legal help.
The Insurance Research Council reports an alarming one out of three drivers was uninsured or underinsured in 2023. The decline in coverage increases the odds of an accident involving an uninsured driver. Fortunately, this doesn’t necessarily mean that you have no options for recovering compensation for your losses.
An experienced Chicago car accident lawyer will pursue one or more of the available options, including filing a claim against your uninsured/underinsured motorist coverage, pursuing a third-party claim, or filing a personal injury lawsuit against the negligent driver.
Illinois is one of a minority of states that requires drivers to carry uninsured/underinsured motorist coverage in addition to the maximum required liability and property damage coverage. The Illinois Department of Insurance states the following:
“Uninsured motorist bodily injury (UM) coverage covers you for your bodily injury caused by a hit-and-run driver or an at-fault driver who has no auto liability insurance.”
Illinois requires drivers to carry at least $25,000 in bodily injury uninsured motorist coverage per person and $50,000 per accident.
A car accident lawyer will compile evidence of the at-fault driver’s liability and their uninsured status to file a claim against your uninsured motorist coverage to seek compensation for your damaged vehicle, medical expenses, projected future medical expenses, total income loss, and compensation for pain and suffering.
Depending on the circumstances of your accident, an experienced car accident lawyer may file a third-party claim against another entity that contributed to the cause of the accident or the severity of the injury. Under the state’s modified comparative negligence law, an injury victim may file a compensation claim against any party that caused or contributed to their injury. For example, if a deep pothole or obstructed road sign played a role in the accident, a car accident lawyer can file a third-party claim against the negligent road maintenance agency responsible.
Less commonly, your attorney may file a personal injury claim against the negligent driver’s assets. This isn’t always an option, since drivers who lack insurance often have few assets. However, in some cases, an at-fault party has significant financial resources and accidentally let their insurance lapse. An assertive Chicago personal injury lawyer pursues all available options to maximize your financial recovery so you can focus on your physical recovery and emotional well-being.
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