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What Happens if the Person at Fault for an Accident Does Not Have Insurance in Illinois?
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We Represent The People, Not The Powerful

Illinois is a fault state for motor vehicle accidents, meaning injured parties can seek compensation from a liable driver for financial losses resulting from a collision. Illinois law requires that drivers carry auto liability insurance to pay for accidents they cause, but not all motorists obey.

You may wonder what happens if the person at fault for an accident does not have insurance in Illinois. You have options for recovering compensation, but it may be more challenging. 

Illinois Car Insurance Requirements

According to the Illinois Secretary of State, the legally required auto insurance minimums in Illinois are:

  • $25,000 in bodily liability insurance per accident involving the injury or death of one person
  • $50,000 in bodily liability insurance per accident involving the injury or death of two or more people
  • $20,000 in property damage liability insurance

Theoretically, if a negligent driver’s actions cause a crash resulting in a personal injury, you should be able to recover your medical expenses and other losses from that driver’s insurance company. However, too many drivers ignore the law and drive uninsured. The Insurance Information Institute (III) reports that around one in seven motorists nationwide do not have car insurance. 

Your Options After an Uninsured Motorist Accident

Illinois drivers do not have to carry any insurance policies other than liability coverage. However, there are other optional policies you can hold that can protect you if an accident involves an uninsured driver. They include:

  • Underinsured/Uninsured Motorist (UM/UIM) – UM/UIM pays for medical expenses for car accident injuries caused by uninsured drivers. It will also pay for any shortfalls if the at-fault driver lacks insurance to cover your medical bills. UM/UIM also pays for injuries caused in a hit-and-run collision. 
  • Med Pay – Med pay provides medical benefits for covered drivers and their passengers, regardless of fault for the collision. 
  • Collision – Collision coverage pays for vehicle damage, no matter who is at fault for a crash. 

In addition to seeking compensation through your insurer, you can take legal action against the at-fault driver or a liable third party through a car accident lawsuit. Liable third parties may include an employer, a vehicle or auto parts manufacturer, the entity responsible for road maintenance, or another driver involved in the crash. 

Personal injury compensation may include:

  • Current and future medical expenses
  • Lost wages, earnings, and employment benefits
  • Lost earning capacity
  • Physical pain and suffering
  • Mental anguish and emotional distress
  • Diminished quality of life
  • Vehicle and personal property damage

Contact a Car Accident Lawyer Serving Illinois

Bonifield & Rosenstengel, P.C., can help if you suffered injuries in a car accident caused by an uninsured driver. We can explore your options for seeking compensation and fight for a full and fair settlement. We represent the people, not the powerful. Our car accident lawyers serve Southern Illinois, including Monroe County, Belleville, O’Fallon, Fairview Heights, St. Clair, Marion, Carbondale, and Mt. Vernon. Call or contact us online for a no-cost consultation.