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Suffering a Car Accident With an Uninsured Driver

Car accidents | October 3, 2021

Vehicle accidents occur regularly in Chicago and throughout Illinois. In most cases, individuals are able to recover compensation through an insurance settlement in the aftermath of a crah. However, what happens if you are injured or sustain property damage as a result of the actions of an uninsured driver? Here, we want to discuss the steps you can take to obtain compensation after an uninsured driver vehicle accident in Illinois.

What Auto Insurance is Required Under Illinois Law?

Data available from the Insurance Information Institute (III) indicates that approximately 11.8% of all drivers in Illinois are uninsured. This is an alarming statistic. Placed into better context, this means that you have more than a one in ten chance of being struck by an uninsured driver if you are involved in an accident.

Securing compensation in the aftermath of an uninsured driver accident can be challenging. In the state of Illinois, all drivers are required to carry the following types and minimum insurance in order to remain legal on the roadway:

  • Bodily injury liability coverage: Legal requirement of $25,000 per person and $50,000 per accident
  • Property damage liability coverage: Legal requirement of $20,000
  • Uninsured motorist bodily injury coverage: Legal requirement of $25,000 per person and $50,000 per accident

Unlike many other states, Illinois does require individuals to carry uninsured motorist bodily injury coverage. This is good news for those struck by an uninsured driver. This means that you will be able to turn to your own insurance carrier to recover compensation for your medical bills, up to the minimum policy limits that you purchased.

However, securing compensation for property damage as a result of an uninsured driver accident is more challenging. Illinois does not require individuals to carry uninsured motorist property damage coverage. However, we strongly recommend that all drivers carry this type of coverage to protect them in the event they are involved in an accident with an uninsured driver.

What About a Personal Injury Lawsuit?

Any driver who does not have insurance coverage opens themselves up to a personal injury lawsuit from others involved in an accident. If you sustain an injury or property damage as a result of an uninsured driver, you could file a personal injury lawsuit against the at-fault driver. In these cases, the claim will enter the civil court system. If you are successful, you could secure a judgment against the at-fault driver’s personal assets. However, securing compensation through this route can present challenges. If an individual does not have the resources to pay for auto insurance, they likely will not have any compensation available to pay a personal injury judgment.

Working With an Attorney After an Uninsured Driver Crash

If you or somebody you care about has been injured or sustained property damage in an accident caused by an uninsured driver, you may need to work with an attorney to help you with your case. A skilled car accident lawyer will be able to investigate the incident, determine liability, and explore all possible avenues of compensation. This includes coverage from insurance carriers while also examining the possibility of filing a personal injury lawsuit against the at-fault driver.

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