Car accidents can be overwhelming and complicated for motorists. This is especially true when the other driver doesn’t have insurance. Illinois drivers are legally required to have insurance, but not everyone follows this rule. If you are harmed in an accident caused by an uninsured driver, it is necessary to understand your legal options. A skilled personal injury attorney can help guide you through suing an uninsured driver.
Can You Sue an Uninsured Driver in Illinois?
Illinois law requires drivers to carry a minimum amount of auto insurance coverage, but some drivers operate their vehicles without insurance, making it challenging for accident victims to recover damages. You can sue an uninsured driver if they are at fault for the accident, but several factors may make collecting compensation for your harm difficult.
- Filing a Lawsuit Against an Uninsured Driver – Suing an uninsured driver is viable but can be challenging. If the driver is at fault, they are financially liable for any injuries, damages, or losses that result from the accident. The driver may be responsible for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Under Illinois law, the statute of limitations for filing a personal injury lawsuit is two years from the accident date. You must act within this timeframe to legally receive money from the lawsuit.
- Challenges of Collecting Compensation – A successful judgment is just one challenge in suing an uninsured driver. Uninsured drivers often do not have insurance because they lack the financial means to pay for it. This also means they are unlikely to be able to pay for a judgment against them. If the at-fault driver cannot pay, the options for recovering compensation may include garnishing wages and placing liens on their property. There is still no guarantee that either of these options will fully compensate the accident victim for their injuries.
Alternative Avenues for Compensation
A lawsuit may not compensate you because the uninsured driver may be unable to pay. It is necessary to consider alternative avenues for compensation. Alternative ways of receiving compensation include uninsured motorist (UM) coverage, underinsured motorist coverage (UIM), and collision coverage.
- Illinois requires insurance companies to offer UM coverage. UM coverage helps pay for financial loss when the at-fault driver is uninsured. It covers medical harm and property damages.
- UIM is not required. It covers damages if either party has minimal liability insurance.
- Collision coverage can reduce the financial burden of car repairs following an accident.
Steps to Take After an Accident with an Uninsured Driver
If you’re in an accident with an uninsured driver, taking the proper steps immediately after can protect your rights and improve your chances of securing compensation. Here are some critical steps to consider:
- File a Police Report
- Gather Evidence
- Seek Medical Attention
- Notify Your Insurance Company
- Consult an Attorney
Contacting an Attorney
Being involved in an accident with an uninsured driver in Illinois can be a frustrating experience, but you still have options for recovering damages. Uninsured motorist claims can be complex and challenging to manage alone. A qualified attorney at Fabbrini Law Group can argue your claim and find ways for you to recover.
Accidents with uninsured drivers can be incredibly stressful and financially draining. Our firm is committed to helping you pursue the compensation you’re entitled to. If an uninsured motorist has injured you, you should explore your legal options. To speak with our experienced car accident attorneys, please contact us online or call 312-494-3131.