Getting hurt in an auto accident is stressful, even when you know the other driver’s insurance will pay for your medical bills, lost wages, and property damage. But things become even more complicated when the other driver lacks insurance or their policy limits are too low to cover all your expenses.
While Illinois law requires that all drivers have auto insurance, not everyone complies. Those who do may also only pay for the minimum coverage required. Luckily, there are three options if an under/uninsured driver hits your car: An uninsured motorist claim, an underinsured motorist claim, or a personal injury lawsuit.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage is part of your auto insurance policy that covers your bodily injury expenses if someone without insurance hits your cat or you’re the victim of a hit-and-run. Illinois requires all drivers to have UM coverage as part of their auto insurance policy, with minimum limits of $25,000 per person and $50,000 per accident.
If the driver who hit you is uninsured or if you don’t know their identity, you can file an insurance claim with your provider using your UM coverage.
Something to keep in mind is that UM coverage on its own only covers bodily injury, not property damage. You must have additional uninsured motorist property damage (UMPD) insurance to cover the cost of repairing or replacing your vehicle or other damaged property.
What Is Underinsured Motorist Coverage?
Underinsured motorist (UIM) coverage is an additional type of coverage that kicks in if the other driver’s policy limits prevent them from fully covering your bodily injury expenses. Illinois only requires drivers to purchase UIM coverage if they purchased a higher limit of UM coverage.
The mandatory minimum amount of auto insurance in Illinois includes:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $20,000 per accident for property damage
If your injuries are severe, these insurance minimums are unlikely to cover all of your medical expenses, lost wages, and loss of future earning potential. For this reason, having underinsured motorist coverage is recommended.
After receiving compensation from the at-fault driver’s insurance policy, you can file a claim with your provider using your UIM coverage if you still have outstanding medical expenses.
Can You File a Personal Injury Lawsuit Against an Under/Uninsured Driver?
If the other driver doesn’t have auto insurance or their policy limits aren’t high enough to cover your expenses, the third option is to file a personal injury lawsuit. Through a personal injury lawsuit, you can seek to recover compensation for your injuries from the driver’s personal assets rather than through their insurance policy.
Contact an Illinois Car Accident Attorney
If you suffered injuries in a car accident caused by an under/uninsured driver in Illinois, contact Bonifield & Rosenstengel, P.C., for a free consultation with an experienced car accident attorney. We’ll review your case, explain your legal options for seeking compensation, and assist you in filing your UM/UIM claim or personal injury lawsuit.