Injured by an Uninsured Driver in Illinois — Now What? Date: Apr 28, 2023

If an uninsured driver injured you in a car accident, you should be looking for compensation. Since the at-fault driver doesn’t have insurance, where do you start? It seems unfair to have to pay for property damage and medical bills out of pocket when someone else was at fault. Depending on your insurance coverage and the extent of the accident, you may have options. Since Illinois has a statute of limitations for filing car accident claims, you must act fast.

Find out what your next steps should be after being involved in an accident with an uninsured driver.

Illinois Auto Insurance Requirements

Like most states, Illinois requires drivers to have minimum auto insurance. When you purchase auto insurance, you must get the following coverage:

  • Liability coverage: Liability coverage includes bodily injury and property damage costs. The minimum coverage for bodily injury is a total of $50,000 per accident and $25,000 per person per accident. The minimum for property damage coverage is $20,000 per accident. These coverages pay for damages and injuries you cause in an accident.
  • Uninsured motorist bodily injury: The minimum limits for uninsured motorist coverage are $50,000 per accident and $25,000 per person. This covers you if you’re injured in a car accident with an uninsured driver.

While you’re required to have coverage to meet these minimums, you may want to consider policies with higher limits. These coverage minimums may not fully protect you from the cost of damages or lawsuits.

Possible Damages of an Accident Caused by an Uninsured Driver

Despite being legally required, nearly 12% of Illinois drivers are uninsured. Unfortunately, getting into an accident with uninsured drivers is a real possibility. When you’re in an accident where the other person is at fault, there are numerous classifications of damages you may be able to collect. While the possible damages will depend on the accident, here are a few types of damages you could collect:

  • Personal injury: Collecting damages for personal injury could include medical expenses, pain and suffering, disability and more.
  • Property damage: You may be able to collect property damages if your car, yard, building, signs, fence or other property is damaged in the accident.
  • Lost wages: If your injuries prevent you from working at all or in the same capacity as before, you may be able to recover lost wages.

How to Get Compensation After an Uninsured Driver Hit Me

Typically when you’re involved in an accident with another driver, your damages are covered by the negligent party’s insurance. For example, if you’re injured in an accident where the other driver was at fault, the other driver’s insurance would cover your damages. So what happens if the driver at fault is uninsured?

Getting compensation after an uninsured driver hits you is more complicated, though still possible. Knowing your options allows you to file a claim promptly and receive compensation. Here are two ways you can get compensated after an accident with an uninsured driver.

File an Uninsured Motorist Claim

Your first option is to file a claim under your uninsured motorist policy. Since this coverage is required for Illinois drivers, you should be able to receive some compensation from your insurance company. Keep in mind, however, that if you only have the minimum coverage, your injuries and damages may not be completely covered. This means you may still have to pay out of pocket. Additionally, uninsured motorist coverage typically doesn’t include property damage. Regardless, filing a claim with your insurance company is the best place to start.

File a Personal Injury Lawsuit

As a business, your insurance company will be looking after its bottom line, which means they don’t always want to pay out full damages. If your insurance provider denies all or part of your claim, you may be able to file a personal injury lawsuit against them to get the compensation you deserve. However, if they are unable to pay the expenses personally, it may not be a fruitful use of time and expense.

You may also be able to sue members of the at-fault driver’s household or their company. For example, if the at-fault driver is working for a trucking company and is on duty at the time of the accident, your attorney could help you receive compensation from the driver’s employer. Working with personal injury and car accident lawyers can help you determine if you were treated fairly and whether you could have a case.

Benefits of Using a Car Accident Attorney

Getting compensation after an accident with an uninsured driver can be complicated, especially if your insurance company denies your claim. Since there are so many stipulations, laws and technicalities regarding personal injury lawsuits and car accidents, working with a skilled attorney can be beneficial. Here are a few reasons why you should use a car accident attorney:

  • Negotiate on your behalf: One benefit of using an attorney is that they negotiate for you and act on your behalf to get the compensation and settlement you deserve. This is especially beneficial depending on the extent of your injuries. For example, if you’re recovering in the hospital, you may be unable to fight for yourself. With a car accident attorney, you can trust that they’re fighting for you while you focus on recovering.
  • Build a claim: Your attorney will gather evidence and analyze the accident to build a case that will maximize your settlement. They’ll build an effective case to help you have the best chance of winning the lawsuit.
  • Communicate with insurance companies: Trying to communicate with your insurance company can be a hassle, especially if you’re recovering from accident-related injuries. Your attorney can handle any communication related to your accident. This saves you time and frustration from being the middle-man.
  • In-depth knowledge of insurance and claims processes: Filing a claim and fighting with your insurance company can be confusing and you could end up without sufficient compensation. Car accident attorneys have in-depth knowledge of these types of claims, allowing them to help you capitalize everywhere possible. This helps ensure nothing is missed and gives you confidence in your claim.

Trust the Attorneys at Argionis & Associates

If you were injured in a car accident with an uninsured driver, you need a reliable car accident attorney to back you up. At the Law Offices of Argionis & Associates, LLC, we have the experience to help you maximize your case. Unlike your insurance company, we always have your best interest in mind because we don’t get paid unless we recover damages for you. We understand that every case is different, which is why our service is individualized for you so you know you’re getting the best help for your case.

If you need advice or want to know your options, contact us for a free consultation.

George Argionis has over 20 years of experience in handling cases involving auto collisions, premises injuries, medical malpractice, product liability, construction-related and work-related injuries. He has dedicated his career to helping restore lives both emotionally and economically.