Car accidents become complicated when the at-fault driver has no insurance or not enough coverage to pay for the damage they caused. Unfortunately, uninsured and underinsured drivers pop up in accidents across Illinois.
If you are injured in this type of car crash, you may still have options for recovering compensation through your own insurance policy. Contact our Aurora car accident attorneys to discuss your legal options. Schedule your free consultation today.
What Is Uninsured Motorist (UM) Coverage and Underinsured Motorist (UIM) Coverage?
Uninsured motorist (UM) coverage is a part of your auto insurance policy; it is designed to protect you when the driver who caused your accident does not have insurance or cannot be located (e.g., a hit-and-run driver). Underinsured motorist (UIM) coverage provides benefits if the at-fault driver’s insurance is insufficient to cover your damages, paying the difference between what their policy covers and what it does not.
UM/UIM coverage may apply in situations such as:
- The at-fault driver has no insurance at all
- The at-fault driver carries insurance, but their policy limits are too low to cover your losses
- You are injured in a hit-and-run accident and the driver cannot be identified
- The other driver’s insurer denies coverage
- The at-fault driver is driving a stolen or unauthorized vehicle
In these cases, your own UM policy steps in to provide compensation when the responsible driver cannot.
UM Requirements in Illinois
Illinois law requires most drivers to carry uninsured motorist coverage as part of their auto insurance policy (unless they specifically reject it in writing). Minimum UM coverage limits in Illinois generally match the state’s bodily injury liability requirements ($25,000 per driver, $50,000 per accident) but many drivers choose higher limits for added protection.
If you are unsure whether your policy includes UM or underinsured motorist (UIM) coverage, check your insurance declarations page.
Compensation Through UM/UIM Coverage
UM and UIM coverage are designed to place you in a similar position as if the at-fault driver had carried proper insurance.
Through a UM/UIM claim, you may be able to recover compensation for:
- Emergency and ongoing medical treatment
- Rehabilitation and physical therapy
- Lost income and reduced earning ability
- Property damage
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Loss of consortium
While this coverage is valuable, it does not guarantee an easy process to recover compensation.
Why UM Claims Can Still Be Challenging
Even though the claim is filed with your own insurance company, the insurer still has a financial incentive to limit how much it pays.
Insurance companies may:
- Dispute who caused the accident
- Question the seriousness of your injuries
- Argue that treatment was unnecessary or excessive
- Delay processing your claim
- Offer settlements far below the true value of your losses
Uninsured and underinsured motorist claims often resemble traditional injury cases, with investigations, evidence review, and negotiations. Having experienced legal representation can make a significant difference in how your claim is handled and how much compensation you ultimately receive.
If you are injured by an uninsured or underinsured driver, an experienced Aurora car accident lawyer can help you understand your rights and legal options. Call Feagans Law Group to schedule a free consultation to learn more about your claim.