How Do I Recover Compensation Through Uninsured Motorist Coverage?

 Posted on May 13, 2021 in Car Accidents

If you are injured in a car accident because of the actions of another driver, your case for compensation relies on your ability to demonstrate that driver’s negligence. However, compensation usually does not come directly from the driver, but rather from their car insurance provider through their liability coverage. If the driver is uninsured, this is a major obstacle to the success of your claim.

Fortunately, you likely have another option for covering your medical bills and other losses if the at-fault driver lacks insurance. Namely, you can file a claim with your own insurance provider through your uninsured motorist coverage. This coverage is required on all Illinois car insurance policies. However, ensuring that you receive the full compensation you deserve can still be a difficult process.

When Does Uninsured Motorist Coverage Apply?

In addition to cases in which the negligent driver has no insurance, uninsured motorist coverage can also provide compensation when the at-fault driver flees the scene of the accident in a hit-and-run and cannot be found or identified. If the at-fault driver has some coverage, but not enough to cover all of your damages, you can instead file a claim through your underinsured motorist coverage. This could be the case if your injuries are severe, or if the other driver is responsible for injuries to several people.

Filing an Uninsured or Underinsured Motorist Claim

Although uninsured and underinsured motorist coverage comes from your own provider, filing a successful claim may be more difficult than you expect. You will still need to submit important evidence along with your claim to demonstrate to your provider that they are obligated to pay. For example, you will need to be able to demonstrate that your injuries are the fault of the other driver, rather than your own negligence. An attorney can help you gather and preserve evidence from the scene of the crash, as well as testimony from witnesses who can speak to the other driver’s negligence.

You will also need to have thorough documentation of the damages you have suffered. This starts with seeking medical attention as soon as possible after the accident to create a record of your injuries. You should also keep records of all related medical expenses and any time that you have been unable to return to work because of your injuries. You may even be able to claim pain and suffering damages if you can demonstrate your hardship to your insurance provider.

Contact a Waukegan, IL Car Accident Attorney

After a car crash, it is always a good idea to talk to a personal injury attorney to better understand your options for obtaining compensation. At Salvi & Maher, L.L.C., we will review your case to determine whether compensation is available from the other driver, or whether you are better off looking to uninsured motorist coverage. In either case, we will help you prepare your claim and advocate on your behalf with the goal of reaching a fair settlement. Contact our Lake County personal injury lawyers today at 847-662-3303 to get started with a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=021500050K143a-2

https://www.cyberdriveillinois.com/publications/pdf_publications/vsd361.pdf