Chicago Injury Lawyer Blog
Uninsured motorist (UM) coverage is one of the most critical protections Illinois drivers can have. If you’re involved in an accident caused by a driver who doesn’t have insurance, UM coverage ensures that you’re not left shouldering the financial burden alone. This type of insurance steps in to cover medical bills, lost wages, and other damages that the at-fault uninsured driver cannot pay.
Illinois law requires drivers to carry uninsured motorist coverage, making it a standard part of most auto insurance policies. But how does UM coverage work, and what does it include?
“Uninsured motorist coverage provides a safety net when the other driver has no insurance. It’s one of the most important protections you can have because it ensures you’re not left without recourse after an accident.” — John J. Malm, Illinois car accident attorney
Let’s dive into what uninsured motorist coverage is, how it works in Illinois, and why it’s essential for protecting yourself on the road.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage is a type of car insurance that pays for your damages if you’re injured in an accident caused by a driver who does not have liability insurance. It also applies in hit-and-run situations where the at-fault driver cannot be identified.
What Does UM Coverage Pay For?
UM coverage typically compensates you for:
- Medical Expenses: Hospital bills, surgeries, and ongoing treatment costs.
- Lost Wages: Compensation for time off work due to injuries.
- Pain and Suffering: Non-economic damages for emotional distress and reduced quality of life.
UM coverage does not cover property damage unless you purchase additional uninsured motorist property damage (UMPD) coverage.
Is Uninsured Motorist Coverage Required in Illinois?
Yes, Illinois law requires all auto insurance policies to include uninsured motorist coverage for bodily injury. The minimum required limits are:
- $25,000 per person injured in an accident.
- $50,000 total for all injuries in a single accident.
This is commonly referred to as 25/50 coverage and mirrors the state’s minimum bodily injury liability requirements for insured drivers.
How Does Uninsured Motorist Coverage Work?
UM coverage steps in when the at-fault driver cannot pay for your damages. Here’s how the process typically works:
- Determine the At-Fault Driver’s Insurance Status: If the other driver is uninsured or the accident was a hit-and-run, you’ll file a UM claim with your own insurance company.
- Submit Evidence: You’ll need to provide documentation of the accident, your injuries, and the at-fault driver’s lack of insurance.
- Negotiate the Claim: Your insurance company evaluates your damages and offers a settlement based on your UM coverage limits.
While you’re dealing with your own insurer, remember that their goal is still to minimize payouts. An experienced Illinois car accident attorney can help ensure you receive the full compensation you’re entitled to.
Uninsured vs. Underinsured Motorist Coverage
Illinois also requires drivers to carry underinsured motorist (UIM) coverage, which is similar to UM coverage but applies in slightly different situations.
- Uninsured Motorist (UM) Coverage: Protects you when the at-fault driver has no insurance at all.
- Underinsured Motorist (UIM) Coverage: Applies when the at-fault driver has insurance, but their coverage limits are too low to fully compensate you for your damages.
For example:
- If your damages are $75,000 and the at-fault driver’s insurance only covers $25,000, your UIM coverage can pay the remaining $50,000, up to your policy limits.
UM and UIM coverage are typically bundled together in Illinois auto insurance policies.
When Does Uninsured Motorist Coverage Apply?
Uninsured motorist coverage applies in the following scenarios:
- The At-Fault Driver Has No Insurance: Despite Illinois’ insurance requirements, many drivers still operate vehicles without coverage.
- Hit-and-Run Accidents: If the at-fault driver flees the scene and cannot be identified, UM coverage can pay for your damages.
- Uninsured Driver Denies Fault: If the uninsured driver disputes liability, your insurer may step in to cover your damages until the dispute is resolved.
What Is the Claims Process for Uninsured Motorist Coverage?
Filing a UM claim can be complex, especially if your insurer disputes the extent of your damages. Here’s how the process typically works:
- Notify Your Insurance Company: Inform your insurer about the accident as soon as possible and confirm that the at-fault driver is uninsured.
- Gather Evidence: Provide documentation, including the police report, medical records, and evidence of your damages.
- Negotiate the Settlement: Your insurance company will evaluate your claim and offer a settlement based on your coverage limits.
- Arbitration or Litigation: If you and your insurer cannot agree on a settlement amount, you may need to pursue arbitration or file a lawsuit to resolve the dispute.
Why Is Uninsured Motorist Coverage Important?
Uninsured motorist coverage is essential because it protects you from financial losses when the at-fault driver cannot pay for your damages. Without UM coverage, you may be forced to pay out of pocket for medical expenses, lost wages, and other damages.
The Reality of Uninsured Drivers in Illinois
Despite mandatory insurance laws, many drivers remain uninsured. According to recent study by the Insurance Information Institute, approximately 14% of drivers are uninsured. This means that in about one in seven car accidents, the at-fault driver may not have insurance to cover your damages.
How an Experienced Illinois Car Accident Attorney Can Help with UM Claims
Navigating an uninsured motorist claim can be challenging, especially if your own insurer disputes your damages or coverage limits. An experienced car crash attorney can:
- Investigate the Accident: Gather evidence to prove the at-fault driver’s lack of insurance and establish liability.
- Evaluate Your Damages: Ensure all medical bills, lost wages, and pain and suffering are accounted for.
- Negotiate with Your Insurer: Advocate on your behalf to secure a fair settlement.
- Pursue Arbitration or Litigation: If necessary, your attorney can represent you in arbitration or court to resolve disputes.
“Uninsured motorist claims often require a level of persistence and expertise that many people aren’t prepared for. With the right representation, you can navigate the process confidently and secure the compensation you deserve.” — John J. Malm, Illinois car wreck attorney
Contact the Illinois Car Accident Attorneys at John J. Malm & Associates
Uninsured motorist coverage is a vital safety net for Illinois drivers, ensuring that you’re protected even if the at-fault driver doesn’t have insurance. While Illinois requires minimum UM coverage of 25/50, you may want to consider higher limits to protect yourself in severe accidents.
At John J. Malm & Associates, with offices in Naperville and St. Charles, we bring over 90 years of collective litigation experience to every case. Whether you’re dealing with an uninsured motorist or navigating a complex claim, our team of dedicated Illinois car accident lawyers is here to guide you every step of the way.
If you’ve been injured in an accident involving an uninsured driver, contact us today for a free consultation. Let us help you secure the compensation you need to recover and move forward.