No. It is the obligation of the at-fault party's insurance company to pay all or as much of the award as it can before you go to your own carrier.
Getting Payment From The Uninsured Driver
The driver responsible for the accident must pay for the damages to the extent that they can from their personal assets or insurance coverage according to Illinois law. If the other party does not have insurance or does not have enough insurance, then you can file either an uninsured or underinsured motorist claim with your own carrier.
What Should I Do If The Other Driver Can't Pay For My Damages?
If the uninsured or underinsured driver cannot pay for all of the damage that they caused you, then you must file a claim with that person's insurance carrier. Normally, you must do this promptly after the incident or you will not be able to recover at all. It can be as soon as 30 days from when the accident took place in some instances. Therefore, you must act with haste. Once you contact that company, they will ask for the facts regarding the crash and for some information related to you. At this time, it is important to have a lawyer present so that you don't disclose anything that will reduce or destroy your right to recover. Also, if you actually end up needing to file a lawsuit, then your counsel will be prepared to do so quickly.
Need To Bring A Claim Against An Uninsured Motorist?
We know that figuring out who is responsible after a car accident can be difficult especially when the other party doesn't have insurance. Luckily, we have significant experience helping victims of all kinds of motor vehicle incidents. We can help you too! Just give us a call to find out how!
For additional information see the following pages:
- Are There Any Illinois Laws That Address Uninsured Motorist Accidents?
- Can I Just File A Claim With My Insurance Company Instead Of Going to The Other Party?
- Can I Pursue An Uninsured Motorist Claim Even If I Was Driving Someone Else?
- Can I Stack Insurance Policies On Top Of Each Other?
- Can I Still Pursue An Uninsured Or Underinsured Motorist Claim If I Settled With The Other Driver?
- Do I Have An Uninsured Motorist Claim?
- Do I Have to File My Uninsured Motorist Claim by A Certain Time?
- Do I Have to Sue The Underinsured Motorist's Insurance Company?
- Do I Need to Give The Insurance Company Any Information?
- How Can Rosenfeld Injury Attorneys Help Me If I Have Been Injured by An Uninsured Motorist In Illinois?
- How do I Dispute What The Insurance Company Says My Claim Is Worth?
- What Are The Facts About Uninsured Drivers?
- What Are The Minimum Auto Liability Insurance Requirements In Illinois?
- What Compensation Is Available For My Uninsured Motorist Claim?
- What Happens If The Uninsured Motorist Does Not Pay Damages Awarded by A Court?
- What Have Other Plaintiffs With Uninsured Motorist Claims Recovered In Illinois?