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Chicago Uninsured Motorist Lawyer
You may be the safest driver on the road. You are the kind of driver that never takes chances and always follows speed limits and traffic signals.
Sharing the road with other Illinois drivers involves the risk of being involved in a motor vehicle crash —and sustaining serious injuries- with an uninsured or underinsured motorist.
An underinsured motorist lawyer from our law firm will help you recover compensation from the uninsured or underinsured motorist that caused your injuries.
Hiring Chicago, IL Accident Lawyers
Rosenfeld Injury Lawyers LLC knows the impact auto accidents with an uninsured driver has on accident victims.
Our personal injury attorneys represent injured people in collisions with uninsured motorists.
Our law office has successfully negotiated hundreds of insurance claims involving uninsured and underinsured motorists, recovering compensation for our client's medical bills, emotional distress, and more.
Contact our car accident lawyers at (888) 424-5757 for a free no-obligation consultation of your personal injury claim today with an experienced Chicago uninsured motorist lawyer.
Uninsured Driving Statistics in Illinois
Although Illinois requires all drivers to carry liability insurance coverage of at least $25,000 per incident (See 625 ILCS 5/7-601), many drivers fail to comply with this law.
According to the Insurance Information Institute (III), approximately 13% of all drivers on the road have no insurance. The III estimates that Illinois drivers are even less likely to have insurance, with 13.7% of vehicles in Illinois drivers being completely uninsured.
Applying Uninsured Motorist Coverage to Common Chicago Auto Accident Case
Anytime you or a family member is injured in a motor vehicle accident with an uninsured or hit-and-run driver, you are covered under your uninsured motorist (UM) policy.
The law requires your insurance company to offer you uninsured and underinsured motorist policy coverage in an amount equal to your liability coverage. (See 215 ILCS 5/143a)
All drivers in Illinois must maintain specified liability coverage, including bodily injury coverage for injuries or death to one or more people per accident. This coverage is intended to pay for the victim's medical bills, pain and suffering, and lost wages.
Examples of everyday situations that may give rise to a Cook County UM claim to recover compensation for injured drivers:
- Injuries sustained as a passenger in a vehicle
- Injuries as pedestrian or bicyclist
- Hit-and-run collisions (as long as there is contact between the cars)
- Coverage generally applies to members of your family living in the same household.
Hit-and-Run Car Accidents Equating to Uninsured or Underinsured Motorist Claims
Many hit-and-run accidents often involve irresponsible uninsured, or underinsured drivers who may be under the influence of alcohol or drugs.
While law enforcement officials might use forensic evidence to identify these offenders, most uninsured drivers have no assets to collect.
Consequently, an attorney can evolve a hit-and-run case into a personal injury lawsuit to seek compensation from the other driver.
Injured victims hoping to effectuate coverage should contact a Chicago personal injury lawyer who handles uninsured or underinsured motorist cases to ensure the terms of the policy are enforced for full financial recovery.
Auto Accident Costs: Significant Source of Injury & Property Damage
The National Safety Council has compiled a list of how much an injury cost victims over a lifetime.
Since each injury is unique, it is difficult to know precisely what a devastating Chicago uninsured car accident will cost.
Attorneys working on the victim's case can base the value of the injury or death claim on lost wages, medical expenses, motor vehicle damages, and other losses to cover the damages for motor vehicle accidents.
These cost averages include the following:
- Motor vehicle death, $1,410,000
- Non-fatal injury, $70,200
- Property damage accidents with disabling injury, $8,900
Considering the low minimum of $25,000 for liability insurance under Illinois law, it is evident that even if a driver has insurance, it may fall much short of even the "average" injury accident.
The Uninsured Motorist Claims Process
When you are involved in an accident, your best interests differ from those of your auto insurance carrier.
The business model for insurance companies is making more money by paying less on claims.
In addition to paying less on claims, insurance carriers may also use the precise terms of your policy to deny the claim altogether.
If you do not present evidence to support this, your claim may be rejected as non-compliance under the terms of the car insurance policy.
From the time we are retained to prosecute your Chicago uninsured motorist case, our legal team begins to gather the evidence needed to prove your case. Frequently, this means:
- Ordering police reports
- Reviewing the language in your auto insurance policy
- Requesting medical records and medical bills
- Photographing the scene of the incident and your injuries
Once we have gathered the necessary evidence, we will work on negotiating a settlement with your insurance company.
Illinois Uninsured Motorist Car Accident Law FAQs
Below are some questions raised by our clients with uninsured and underinsured motorist claims from car accidents in Chicago, IL.
If you have further questions, we welcome you to call us for a free consultation.
Can I Make a Claim Through My Motorist Coverage?
Any motorist involved in an accident and driving without adequate insurance might be required to pay damages out of pocket.
When you have confirmed that the other driver did not have an acceptable policy in effect at the time of your accident, you may be able to pursue a claim with your policy.
Does Collision Coverage Cover Injuries Sustained by an Accident with an Uninsured Driver?
Only uninsured motorist coverage on your insurance policy will pay for your damages and injuries should an uninsured motorist crash into your vehicle
.
Alternatively, a "collision rider" on your policy pays for damages to your vehicle if it's involved in a crash, no matter who is responsible for the accident.
What Happens When the Other Person Doesn't Have Insurance?
If you are found to be responsible for the accident, your insurance coverage will pay for the damages involved in the collision. However, if the other motorist is uninsured, they probably do not have enough assets to liquidate to pay for the compensation you deserve.
Instead, you can recover damages through your uninsured motorist insurance on your policy if you have purchased the "rider." Your insurance company will pay for property damage, injuries, and wrongful death, up to the limit of the coverage.
What Happens in Uninsured Truck Driver Accidents?
When an uninsured truck driver hits you, various entities may be liable for damages. The trucking company, shipping company, truck or truck parts manufacturer, and others may be able to be held responsible. When another driver's negligence results in a collision that results in an injury, you are entitled to file a lawsuit against them.
However, before filing a lawsuit, you should consider the assets the liable party has. Many people and companies without auto insurance do not have any significant assets to satisfy a judgment against them.
Uninsured motorist coverage pays for all your damages, including property damage, injuries, and wrongful death.
Each crash is unique, as are the injuries that all accident victims endure. Unfortunately, uninsured motorists and truck drivers represent another obstacle to overcome.
Uninsured and Underinsured Motorists: What is The Difference?
Insurance companies hope these issues of uninsured or underinsured driver policies confuse you so much that it discourages you from filing a claim with them for your injury case.
The best way to explain the differences is to use an example:
- Situation #1: You are in an accident with an uninsured at-fault driver who strikes your vehicle causing $50,000 of damage to your car and bodily injury. In this case, you have an uninsured motorist claim since the other driver is missing (or has no coverage).
- Situation #2: Similar to the above, another driver hits you and causes $50,000 of damage to your vehicle and bodily injury, but the at-fault driver is identified and has $25,000 in coverage. In this situation, the other driver is underinsured. Therefore, you have an underinsured motorist claim with your carrier.
Contact Our Chicago Uninsured Motorist Attorneys
The experienced Chicago car accident attorneys at Rosenfeld Injury Lawyers, LLC regularly negotiate uninsured motorist (UM), and underinsured motorist (UIM) claims for injury or death throughout Chicago, Illinois.
It is essential to have a personal injury advocate with experience on your side who can maximize your auto insurance claim to ensure a successful resolution to your case.
Before you speak to your insurance company about a potential underinsured or uninsured motorist claim, contact our Chicago uninsured car accident lawyers at (888) 424-5757 or use the contact form for a free consultation and insurance claim evaluation.
We work on a contingency-fee-basis, which means you don't have to pay our uninsured motorist lawyers unless we recover compensation for your personal injury claim.