Uninsured and Underinsured Motorist Claims

The Difference Between Uninsured and Underinsured Motorist Claims in Illinois

September 12, 2024 | John J. Malm

Car accidents can be overwhelming and potentially life-altering, and the situation becomes even more complicated when the at-fault driver lacks sufficient insurance coverage. In Illinois, motorists are required to carry a minimum amount of liability insurance, but not all drivers comply. According to a study by the Insurance Research Council (IRC), about 12.6% of drivers nationwide are uninsured, and some studies estimate that this number can be higher in urban areas. Even those who carry insurance may have insufficient coverage to fully compensate victims for their injuries and damages. In these scenarios, uninsured motorist (UM) and underinsured motorist (UIM) claims become crucial protections for injured individuals.

Understanding the differences between uninsured and underinsured motorist claims is essential if you’re involved in an accident with a driver who lacks adequate insurance coverage. These claims can be complex, and the involvement of insurance companies can create further complications. To ensure that your rights are fully protected, it’s important to consult with a knowledgeable lawyer before proceeding with a claim. Continue reading

What Should I Do After a Hit and Run Accident?

January 25, 2024 | John J. Malm

Hit and run accidents are scary. Often, after being struck by a hit and run driver, you are confused and worry about what to do next. Do you attempt to chase down the other driver or do you call the police? What if you were injured as a result of the accident? There are several steps you should take immediately to aid in the investigation and preserve any claims you may have against the hit and run driver. Continue reading

Why Do I Need to Notify My Insurance When I Wasn’t at Fault?

December 9, 2022 | John J. Malm

Often, our clients ask why they need to notify their insurance company of the motor vehicle accident when they weren’t at fault. They are concerned that notifying their insurance company of the collision will raise their insurance rates and negatively impact them in the future. Even if you weren’t at fault in causing the motor vehicle collision, there are several reasons why you should notify your insurance company.

First, your insurance company may require you to notify them of an accident regardless of whether you were at fault or not. Different insurance companies have different notice requirements, including the time frame of when notice must be given and whether notice must be given in writing. If you fail to comply with your insurance company’s notice requirements, there may be adverse consequences, including your insurance company dropping your insurance or an inability to bring an uninsured or underinsured claim. Continue reading

The Dangers of Hungover Driving

July 4, 2020 | John J. Malm

We all know the dangers of drinking and driving. But what about getting behind the wheel the morning after a night of heavy drinking? The average person can break down a single unit of alcohol — a 12-ounce beer, 5 ounces of wine or a 1.5-ounce shot — in about an hour. (Bear in mind that bars and restaurants may serve you more than a single unit of alcohol per drink.)

One hour to break down one standard drink is an estimate for the average person, but not everyone breaks down alcohol at the same rate. There are several factors which affect how quickly your body breaks down alcohol, including your height, weight, gender, age and metabolism, whether you were eating, and whether you take medications that affect the absorption of alcohol. Ultimately, the only thing that can actually reduce your blood alcohol content is time. Late nights and excessive drinking lead to painful mornings and the dreaded effects of a hangover.

Why are Injuries from Semi-Truck Accidents on the Rise?

March 16, 2018 | John J. Malm

Truck Accident

Every year, thousands of people across the country are injured in car accidents with semi-trucks. In 2014, famed comedian and actor Tracy Morgan was severely injured, and his friend was killed, when a semi-truck rear-ended the limousine they were passengers in. The truck driver stated that he had been awake for more than 28 hours straight when his semi-truck rear-ended the limousine. The truck driver told officials that he had spent 12 hours driving his own vehicle from his home in Georgia to pick up his semi-truck in at a Walmart facility in Delaware. A spokesperson for Walmart stated that the company did not believe the semi-truck driver violated any federal safety regulations. The semi-truck driver later pled guilty to vehicular homicide and four counts of aggravated assault. The estate of the friend that was killed, James “Jimmy Mack” McNair, received a $10 million settlement with Walmart. Tracy Morgan also received an undisclosed amount in a settlement with Walmart. Continue reading

CTA Buses are Striking Pedestrians in Increasing Numbers

March 7, 2018 | John J. Malm

Last night, a Chicago Transit Authority (CTA) bus struck and killed a pedestrian in the West Chatham neighborhood in Chicago. The pedestrian was walking in the crosswalk in the first block of West 79^th Street at around 7:30 p.m., when she was struck by the CTA bus. The pedestrian was pronounced dead at the scene. The CTA bus driver was later cited for failure to yield to a pedestrian in a crosswalk. A similar accident occurred last month, when another CTA bus struck a pedestrian in the Old Town neighborhood in Chicago. According to the Chicago Police Department, the pedestrian was walking in the crosswalk in the 100 block of West Division at around 4:30 a.m., when she was struck by the CTA bus. The pedestrian was taken to the emergency room and was treated for swelling and contusions.

Last summer, a CTA bus struck a mother and her three children as they were crossing the street in the Lakeview neighborhood. According to police, the mother and her children were crossing at the intersection of Halsted Street and Waveland Avenue around 10:15 a.m., when the CTA bus struck them. A witness to the collision told reporters that the infant being held by the mother flew out of the mother’s hands and violently struck the concrete. The children were taken to the emergency room at Lurie Children’s Hospital and the CTA bus driver was taken to the emergency room at Advocate Illinois Masonic Medical Center. The driver was later given a citation for failure to yield to pedestrians.

Why are Motorcycle Fatalities Increasing in Illinois?

February 26, 2018 | John J. Malm

As the weather starts to warm up, more and more motorcyclists will start hitting the roadways. With the increase of motorcyclists on the roadways, comes an increased danger of those motorcyclists getting into serious, and even life-threatening, accidents. According to the Insurance Information Institute, motorcyclists are more vulnerable on the road and are more likely to be injured or killed in a car accident than occupants in a car, bus, or truck.

In September 2017, three people were injured in a motorcycle accident in Henry County, Illinois. According to the Henry County Sheriff’s Office, a group of motorcycles were driving on U.S. Route 150, when two of the motorcycles crashed into each other. That same month in McHenry County, a sixty-three-year-old man was killed when a SUV struck his motorcycle. The Crystal Lake Police Department’s Accident Investigation Team, in reconstructing the accident, determined that the driver of the SUV, a seventeen-year-old boy, turned left in front of the motorcycle, striking the motorcycle. The motorcyclist later died at a local hospital. A similar occurrence happened in May 2017 in DeKalb County, where a twenty-six-year-old motorcyclist died after a SUV turned left in front of his motorcycle. The driver of the SUV stated that she did not see the motorcyclist before turning. The motorcyclist was pronounced dead at the scene. Continue reading

Illinois Car Accident Law Update: New Statutory Limits Will Allow More Uninsured Motorist Arbitration Awards to Become Binding

September 10, 2014 | John J. Malm

Every day, Illinois drivers are injured in motor vehicle accidents with hit-and-run drivers or drivers who are uninsured or underinsured. In 2012, over 13% of Illinois drivers were uninsured, and the increasing number of uninsured and underinsured drivers nationwide only underscores the importance of having uninsured motorist coverage for the rest of us. In Illinois, it is the right of every policyholder who carries Uninsured Motorist coverage, or “UM” coverage, to have his or her injury claim seeking UM coverage heard at arbitration, to decide how much compensation or “damages” will be paid.

An UM arbitration is a legal proceeding held before a panel of arbitrators. The arbitration hearing is set up much like a trial, where parties represented by lawyers call witnesses and present evidence to the arbitration panel. After the hearing, the arbitrators render a decision, referred to as an arbitration “award.” The decision of the arbitrators determines whether the injured person has a right to receive any damages under the insurance policy and how much.
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DuPage County Personal Injury Lawyers: Rental Cars: When is a “Substitute Vehicle” Covered by YOUR Illinois Insurance policy?

August 14, 2012 | John J. Malm

Rental car insurance is confusing. Before you rent, it is important to know if your insurance provides coverage for the rented vehicle, and under what circumstances that coverage may be limited. The answers to these questions may depend on the language of your own automobile insurance policy concerning “substitute vehicles.” To trigger a “substitute vehicle” clause, an important fact to consider is whether your car is “disabled” and “withdrawn from use,” rather than when you simply are concerned that it may be on the brink of becoming disabled or possibly in need of repair. If your rented car is involved in a car accident, questions may arise as to whether your own insurance policy will still cover you for a bodily injury liability claim (if you cause an accident, injuring someone), an uninsured motorist claim (if you become injured due to the fault of an uninsured driver) or an underinsured motorist claim (if the at-fault driver carries an insufficient amount of liability coverage to adequately cover your injury claim).

Your automobile insurance policy likely has a “Substitute Vehicle” clause, which provides coverage for a “temporary substitute vehicle” when the insured vehicle is not in “normal use” or has been “withdrawn from normal use.” When your rented vehicle meets the requirements of a “Substitute Vehicle,” the rented vehicle is covered to the same extent as your own vehicle. The public policy behind enforcement of substitute vehicle clauses is to prevent an insurance company from being liable for two vehicles while the insured has paid only one premium.
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DuPage County Personal Injury Lawyers: What to do When the Driver Who Injures You is Underinsured?

August 3, 2012 | John J. Malm

A common risk faced by Illinois drivers is being struck by a driver that is underinsured. To save money on premiums, many drivers carry only the minimum amount of bodily injury liability coverage, which is $20,000. So what happens when you are involved in an accident with a driver who does not carry enough liability insurance to cover your personal injuries? If you elected to carry underinsured motorist insurance coverage, you may be protected from the risk posted by an underinsured driver.

History of UIM Coverage

Prior to underinsured motorist (UIM) coverage being offered by Illinois insurance carriers, motorists had the option of carrying only uninsured motorist (UM) coverage. UM coverage is insurance that offers protection from drivers who do not carry automobile liability insurance at all. If an insured motorist carrying $100,000 of UM coverage was involved in an accident with a motorist who had bodily injury liability limits of $20,000, the injured person could recover nothing from his or her UM policy; the only remedy was to collect the at-fault driver’s limits of $20,000. In effect, the responsible, insured driver would have been in a better position if the other driver had been completely uninsured. E.g Hathaway v. Standard Mut. Ins. Co., 285 Ill. App. 3d 67 (1996). Legislators responded to this inequity in 1980 by enacting a statute requiring insurance companies to offer underinsured motorist coverage in amounts equal to uninsured coverage. See 215 ILCS 5/143a-2.
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