What Happens if the Person At Fault in an Accident Has No Insurance in Illinois?

A car accident can leave victims in emotional, medical, and financial distress. After suffering from an accident, you should be able to count on the responsible party to cover your medical bills and the damages to your property. However, what happens if the person who is at fault is uninsured? Illinois requires drivers to carry minimum liability insurance, but not everyone complies with the law. Many accident victims find themselves struggling with financial loss when the at-fault driver lacks coverage. A skilled car accident attorney in Illinois can help guide accident victims through this complicated process.

Legal Requirements for Insurance in Illinois

Illinois law mandates that all drivers carry minimum auto liability insurance. Auto insurance ensures that you are protected and provides coverage for the other driver if you are at fault. The state requires at least:

  • $25,000 for injury of one person in an accident.
  • $50,000 for injury of more than one person in an accident.
  • $20,000 for damage to someone else’s property.

This money covers drivers if there is an accident, but there are severe financial consequences if the at-fault driver has no insurance.

Uninsured Motorist Coverage in Illinois

Illinois requires insurance companies to offer uninsured motorist (UM) coverage as part of your policy, protecting in cases where the other driver is uninsured. UM coverage includes compensation for medical expenses, lost wages, and pain and suffering. Some insurers offer uninsured motorist property damage coverage to cover vehicle repair costs. UM coverage may allow you to recover some compensation, but it may not relieve all the challenges you suffered because of the accident.

If you’re involved in an accident with an uninsured driver in Illinois, here are the crucial steps to follow:

  1. Call the Police
  2. Gather Evidence
  3. Notify Your Insurance Company
  4. Consult an Attorney

Once you’ve reported the accident to your insurer, they will investigate and assess your claim under your uninsured motorist coverage. The company will evaluate your damages, review evidence of the other driver’s lack of insurance, and negotiate with you on the amount of compensation. Like any insurance claim, your insurer will determine how much they believe is fair based on the documentation provided.

Legal Action Against an Uninsured Driver

Illinois follows a modified comparative negligence standard. If you are at fault, the compensation will be reduced by your percentage of fault. For example, if you’re found to be 20% responsible, your UM payout may be reduced by 20%. An attorney to advocate for your share of responsibility is critical.

Accident victims may consider suing the uninsured at-fault driver directly. If your damages exceed your UM coverage limits, a skilled attorney can help determine if you should pursue a lawsuit. However, it is essential to remember that an uninsured motorist may lack the financial means to pay a judgment.

Protect Yourself Against Uninsured Drivers

Uninsured motorist claims can be complex and challenging to manage alone. A qualified attorney at Fabbrini Law Group can negotiate with your insurer, gather evidence, and provide legal support. 

An accident with an uninsured driver is a stressful and financially draining experience. Illinois’ UM coverage requirements help to protect drivers, but the claims can be challenging to navigate.

We are dedicated to supporting you in seeking the compensation you deserve. If an uninsured driver has injured you, seek a free consultation to discuss your options. For experienced legal assistance following a car accident, please contact us online or call 312-494-3131