A car accident can be a difficult moment, but that tension can grow if you discover the driver who hit you has no insurance. In Illinois, despite strict laws requiring all drivers to carry liability coverage, thousands of motorists continue to operate vehicles illegally. If you are injured by one of these drivers, you may feel like there is no path to compensation.
However, Illinois law provides a specific safety net for moments like these. Because the state requires Uninsured Motorist (UM) Coverage by law, your own insurance policy actually steps into the shoes of the person who hit you.
Is Uninsured Motorist Coverage mandatory in Illinois?
Yes. Under the law every automobile liability insurance policy issued in Illinois must include coverage for bodily injury caused by an uninsured motor vehicle. When you purchase a standard policy, you are automatically paying for this protection.
In Illinois, the minimum required limits for UM coverage match the state’s liability minimums:
- $25,000 for the injury or death of one person.
- $50,000 for the injury or death of more than one person in a single accident.
While these are the minimums, many drivers choose to carry higher UM limits to match their own liability levels, providing better protection for serious injuries.
How the process works
When you file a UM claim, your insurance company effectively becomes the “defendant.” They are responsible for paying you what the uninsured driver would have owed you if they had insurance. This includes medical bills, lost wages, and pain and suffering. However, be aware that they will still investigate the claim as usual.
Hit-and-run accidents
In Illinois, a “hit-and-run” driver is legally classified as an uninsured motorist, provided there was physical contact between the vehicles. If the police cannot find the driver who caused the crash, you can proceed with a UM claim against your own policy. It is crucial to report these incidents to the police and your insurance company immediately, as many policies have strict time limits (sometimes as short as 24 to 48 hours) for reporting hit-and-run events.
Protecting your right to recovery
Recovering damages from an uninsured motorist claim can be more complex than a standard case because it involves navigating your own policy’s specific language and arbitration requirements. If you’ve been injured by a driver without insurance, you can talk to an experienced lawyer so they can review your case.