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What Happens When Accident Involves an Uninsured Driver in Illinois?

Posted on in Accident Liability

Lake County personal injuryWhile it is prudent to have insurance at all times to protect yourself and others when you are out driving in the event of a motor vehicle accident, some people end up driving vehicles that are uninsured or do not have adequate insurance. One of the worries or concerns immediately following an accident is who will be responsible for the damages caused by the accident or which insurance policy will cover the damage or loss suffered, including personal injuries.

Protecting Against Uninsured Motorists

Under Illinois law, all insurers are required to offer uninsured motorist insurance as well as coverage for underinsured drivers. This means your own insurance policy typically provides protection against damages or injuries caused by a negligent uninsured or underinsured driver.

If you are involved in an accident caused by an uninsured or underinsured driver, and that driver is at fault, you have rights to seek compensation for any damages, injuries or loss suffered from the accident. You exercise these rights by filing a claim, which can be time-consuming and demanding as to specific requirements and complying with various timelines, if the claim is to be successfully considered.

Obtaining Compensation From Your Own Insurance

Two types of insurance are available in Illinois to provide coverage for injuries caused by a negligent, uninsured or underinsured driver:

  • Personal Injury Protection (PIP), which is optional but provides coverage for personal injuries to the maximum value covered under the policy regardless of who is at fault; or
  • Uninsured/Underinsured Motorist (UM/UIM) Coverage, which is a specific provision in a motor vehicle policy to cover victims of an accident caused by an uninsured driver who is at fault for the accident.

If you file a claim under the second option (UM), you will be filing a claim against your own insurance. This can be tricky because, even though this is your own insurance provider, they will not easily pay you what you are due or are asking. Rather, they will try and find ways to pay you as little as possible, if at all.

A Lake County Personal Injury Lawyer Can Help

If you or a member of your family has been injured in an accident involving an uninsured motorist or one with inadequate insurance coverage, contact an experienced Waukegan personal injury attorney to explore your available options. Call 847-662-3303 to schedule a free, confidential consultation at any of our convenient offices in Waukegan, Wheaton, Richmond, and Chicago. At Salvi & Maher, L.L.C., we collect fees only after you collect compensation.




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