Chicago Uninsured Motorist Lawyer

Contact our Chicago area law firm for a free no obligation consultation of your personal injury claim today.

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.

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

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.

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.