What If an Under/Uninsured Driver Hits My Car in Illinois? 

On Behalf of Johnston Law Offices P.C.   |   Jan 28, 2025   |   Car Accidents ,

Getting into a car accident is stressful enough, but the situation can feel even more overwhelming when the other driver lacks sufficient insurance — or any liability insurance. Fortunately, Illinois law and your auto insurance policy may offer some protection. Here’s what to do if you are hurt by an uninsured or underinsured driver in a crash. 

Illinois Auto Insurance Requirements

Illinois drivers must carry auto insurance to operate a vehicle legally. At fault, uninsured motorists can face license plate registration and driver’s license suspensions. They may also be responsible for compensating those injured in the crash. The minimum liability coverage under Illinois law is:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident
  • $20,000 for property damage

What Is Uninsured/Underinsured Motorist Insurance? 

Uninsured motorist (UM) insurance provides coverage if you’re in an accident with a driver who has no insurance. In Illinois, your auto policy must include UM coverage equal to the minimum liability requirements. Uninsured motorist insurance also applies if you are hurt or have property damage from a hit-and-run driver.

Underinsured motorist (UIM) coverage is usually bundled with UM insurance. If you have significant injuries after a crash with an at-fault underinsured motorist, your UIM insurance protects you when the other driver’s policy doesn’t fully cover your losses. 

What Does UM/UIM Insurance Cover? 

Uninsured and underinsured motorist insurance protects you from paying out-of-pocket or suffering financial loss due to:

  • Medical expenses, including emergency room care, hospital stays, doctor visits, and rehabilitation costs
  • Lost wages if you cannot work due to your injuries
  • Pain and suffering for the emotional and physical trauma after the crash
  • Vehicle repairs or replacement, depending on the damage to your car

When Does UM/UIM Insurance Apply?  

Your uninsured/underinsured motorist insurance benefits apply after a crash with:

  • An at-fault driver without insurance
  • An at-fault driver with insufficient insurance
  • A hit-and-run driver who flees the scene and remains unidentified

How Can an Attorney Help? 

You must file a claim with your insurance provider to access your UM/UIM coverage. However, recovering the money you need for medical care and other expenses is more complex than it sounds. An experienced uninsured car accident attorney can: 

  • Gather Evidence — From collecting police reports to acquiring medical records, an attorney has the resources and knowledge about which evidence is required to build a strong claim. They can interview witnesses and request traffic camera surveillance video, if necessary.
  • Negotiate with Your Insurance Company — Insurers don’t always offer fair settlements, even for UM/UIM claims with their policyholders. They try to settle for as little as possible and may try to intimidate you into accepting a lowball offer. Your lawyer can counter those tactics.
  • Pursue Additional Assets — Sometimes, the at-fault driver may have other assets you can pursue in a lawsuit. Your lawyer can file your lawsuit for you.

Talk to an Illinois Uninsured Car Accident Attorney

You deserve support if an uninsured or underinsured driver has hit your car. The Johnston Law Firm has over three decades of experience helping car accident and personal injury victims. Let us handle the legal details while you focus on feeling better. Call the Johnston Law Firm today for a free consultation.