Chicago Uninsured Motorist Lawyer
That is great. Sharing the road with other vehicles runs the risk of being an accident victim in a car crash —and sustaining serious injuries- with an uninsured or underinsured motorist.
Hiring a Chicago, IL UM LawyerRosenfeld Injury Lawyers LLC knows the impact an accident with an uninsured driver has on your loved ones.
Our Chicago car accident lawyers represent people seriously injured in collisions with uninsured motorists.
Our law office has successfully negotiated hundreds of insurance claims involving uninsured and underinsured motorists.
Uninsured Driving Statistics in IllinoisDespite the fact that 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.
Applying Uninsured Motorist Coverage to Common Chicago Auto Accident CaseAnytime 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 UM policy.
The law requires your auto insurance company to offer you both uninsured and underinsured motorist coverage in an amount equal to your liability coverage. (See 215 ILCS 5/143a)
Examples of everyday situations that may give rise to a Cook County uninsured motorist claim to recover compensation for your injuries.
Hit-and-Run Car Accidents Equating to Uninsured Motorist Claims
While law enforcement officials might use forensic evidence to identify these offenders, most uninsured drivers have no assets from which to collect.
Consequently, an attorney can evolve a hit and run case into an uninsured motorist claim.
Injured victims hoping to effectuate coverage should contact a Chicago personal injury lawyer who handles uninsured motorist cases to ensure the terms of the policy are enforced.
Uninsured or Underinsured Motorist Claim? What Do You Have?If the above discussion of uninsured and underinsured motorist coverage has confused you, you are not alone. Insurance companies actually hope these issues 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 at fault driver who strikes your vehicle causing $50,000 of damage to your vehicle and bodily injury. In this case, since the other driver is missing (and has no coverage), you have an uninsured motorist claim.
Situation #2: Similar to the above, another driver hit you can cause $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 you have an underinsured motorist claim with your carrier.
Auto Accident Costs: Significant Source of Injury & Property DamageThe 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 any given 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:
- Motor vehicle death, $1,410,000
- Non-fatal injury, $70,200
- Property damage accidents with disabling injury, $8,900
If the victim has a severe and life-changing disability or death, the compensation they receive above will only scratch the surface of his or her financial loss.
The Uninsured Motorist Claims ProcessFrom the moment that you are involved in an accident, your best interests are different 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.
For example, many uninsured motorist insurance policies require the claimant to establish that there was 'contact' between the at-fault vehicle and their own.
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 get 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; and
- Photographing the scene of the incident and your injuries.
If we cannot reach a fair settlement, our trial lawyers will file a demand for arbitration.
These uninsured motorist arbitration cases the matter is decided by an arbitrator who takes the place of a judge and jury.
During the claim process we can seek damages for economic and non-economic damages related to your bodily injuries and property damage. This regularly entails compensation for:
- Medical bills- related to all past and future medical care
- Lost Wages- if your injuries prohibit you from working a wage loss claim can be made
- Disability- if your injuries prevent you from enjoying certain activities a disability claim can be made
- Pain and Suffering- all past and future pain and suffering related to your injuries are an element of your damages
- Wrongful Death -If you lost a loved one in a crash with an un-insured driver, damages for your emotional and economic support can be made
Illinois Uninsured Motorist Car Accident Law FAQs
What Happens if You are Injured in a Car Accident With a Driver Who Doesn't Have Insurance?
Any motorist involved in an accident and driving without insurance might be required to pay damages out of pocket.
When you have confirmed that the other driver did not have a policy in effect at the time of your accident, you may be able to pursue an uninsured motorist claim with your own policy.
Does Collision Coverage Cover Injuries Sustained by an Accident With Driver Without Insurance?
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?
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.
Can I File a Personal Injury Lawsuit Against an Uninsured Driver?
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 individual has. Many people without auto insurance do not have any meaningful assets to satisfy a judgment against them.
Is it Better to Have Collision or Uninsured Motorists?
Uninsured motorist coverage pays for all of your damages, including property damage, injuries, and wrongful death if the driver found to be at fault has no insurance or flees the scene in a hit-and-run crash.
Most Illinois automobile insurance policies have both general liability and un-insured motorist coverage. What is the Average Cost of a Severe Injury in a Collision?
Each crash is unique, as are the injuries that all accident victims endure. However, on average, an incapacitating injury accident typically resolves out of court for $65,000 if there is no substantial property damage.
Horrific crashes with severe injuries and wrongful death can settle out of court for $1 million or more. If the defendants choose to present evidence at trial, the jury award could be significantly higher than $1 million.
Contact Our Chicago Uninsured Motorist AttorneysThe 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.