Because the other driver may be uninsured or underinsured, or their insurer might be challenging the issue of fault.
Despite the fact that Illinois mandates auto liability insurance for motorists, there continue to be situations where uninsured or underinsured drivers cause accidents. Uninsured motorist coverage is required in Illinois (215 ILCS 5/143a) and protects you if an uninsured driver injures you in an auto accident. Other times, the at-fault driver has insurance, but it is minimal and may not cover the full cost of the accident. While the injured person could pursue the at-fault party in a civil suit to recover compensation for his or her injuries, the reality is that most uninsured and underinsured drivers do not have tangible assets to satisfy a judgment.
Consequently, a person injured by a driver with no insurance or inadequate insurance may pursue a claim for damages with their own car insurance company through their uninsured motorist coverage. This is a way of providing the injured person with the same compensation for their costs as they would receive if they were involved in an accident with a fully insured party.
There are unique issues involving uninsured motorist claims that must be addressed in order to satisfy the terms of your policy. Therefore, it is best to consult an attorney before filing a claim.
In addition to providing coverage for underinsured and uninsured motorist accidents, your policy likely also includes coverage for medical payments. Medical payment coverage allows you or a passenger in your vehicle to receive reimbursement for medical expenses related to injuries sustained in a crash.
When the Other Party’s Insurer Withholds Payment
Sometimes, even when the other party is fully insured, their insurer will initially deny or delay payment to you because they are either disputing which driver was at fault or claiming that you were partly or mostly responsible for the accident. In Illinois, if an injured party is found to have contributed to the cause of an accident, it can bar them from recovering damages or greatly reduce the amount they can recover. In such cases, your insurance company would be on the hook for your medical bills until the issue of fault is ultimately resolved by a court.
Depending on the language in your insurance policy and the circumstance of the crash, you might be responsible for reimbursing your insurer for these payments if you eventually recover compensation from an at-fault third party.
Get Help Today for Your Car Accident Injuries
At Rosenfeld Injury Lawyers LLC, our Illinois car accident attorneys are available anytime to discuss your case with you. If you are unable to make it to our main office in downtown Chicago, we will come meet you at your home or hospital. As with all of our personal injury cases, we work on a contingency fee basis so there is only a legal fee charged when we obtain a recovery for you. Call us today to get started on the road to receiving the compensation you are owed.