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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.

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 Lawyer

Rosenfeld 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.

Contact our law firm for a free no obligation consultation of your personal injury claim today with an experienced Chicago uninsured motorist lawyer.

Chicago Uninsured Motorist Lawyer

Uninsured Driving Statistics in Illinois

Despite 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.

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 on Illinois roads 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 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.
  • Injuries sustained as a passenger in a vehicle
  • Injuries as a pedestrian or bicyclists
  • Hit and run collisions (as long as there is contact between the vehicles)
  • Coverage generally applies to members of your family living in the same household
The legislature's intention behind having mandatory UM motorist insurance is to put an injured party in the same position as if they were to pursue a tort claim against a negligent party. The difference is that the claim is filed with your carrier.

Annual Uninsured Motorist Statistics From Auto Accident Attorneys

Hit-and-Run Car Accidents Equating to Uninsured Motorist Claims

Many hit-and-run accidents often involve irresponsible motorists driving without car insurance or 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 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 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 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
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.

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 Process

From 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.
Once we have gathered the necessary evidence, we then work on negotiating a settlement with your insurance company.

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

Below are some questions raised by our clients with UM and UIM claims from car accidents in Chicago, IL. If you have further questions, we welcome you to call us for a free case evaluation.

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?

If you are found to be responsible for the accident, your insurance coverage will pay for 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.

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?

Collision coverage would pay for property damage on your vehicle, no matter if you or someone else caused the crash.
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.
Uninsured Motorists Nationally by State

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 motorist claims or uninsured motorist claim, contact our Chicago uninsured car accident lawyers at (888) 424-5757 for a free consultation and insurance claim evaluation.

Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa