Can I Sue the Uninsured Driver Who Caused My Car Accident in Chicago?

The sudden impact of a car accident— even a minor collision— leaves most of us with a sinking feeling. We know there could be some initial outlay of money, even if insurance ends up covering it the end. That feeling becomes more of a serious nose dive if you find out the at-fault driver is uninsured. Can you still sue for damages? How do you recover your losses?

At Cooney & Conway, while there are no statistics stating exactly how many Chicago drivers are uninsured, nationwide, the percentage was about 15.4 percent in 2023. That’s about one in every seven drivers who are not carrying full insurance coverage – or maybe none at all.

If you need legal help for a Chicago car accident, call our trusted law firm. Our experienced car accident lawyers in Chicago help injured victims every day, including those harmed by negligent drivers. You can learn if you have legal options for recovering compensation in a free, no-risk case review.

Request your FREE consultation today. (800) 322-5573

What Are My Legal Options for Compensation in Illinois if the Driver Who Hit My Car Is Uninsured?

Your best bet in this situation is to file a claim against the Uninsured/Underinsured (UM/UIM) portion of your auto insurance policy. If you carry only Illinois minimum coverage of $25,000, that may not be sufficient to cover all of your damages.

Is Uninsured/Underinsured Motorist Insurance Coverage Required in Illinois?

Yes. A minimum amount of UM bodily injury insurance is required in Illinois to ensure you have at least the basic coverage when an at-fault driver is uninsured. The minimum coverage required is $25,000 for the injury or fatal harm of one person, or $50,000 total per accident. You cannot reject this minimum.

Illinois does not require uninsured motorist property damage coverage, however, but you can purchase this coverage as an optional add-on.

• Maximum Coverage Available: You can purchase higher uninsured motorist limits in Illinois. Most insurance companies offer up to $500,000 per person or even $1 million per person, depending on your insurance carrier and policy needs.
• Matching Coverage Requirements: In Illinois, you are required to match your uninsured motorist coverage to your liability coverage. So if you increase your liability coverage to $100,000 per person, you must also increase your uninsured motorist coverage to $100,000 per person unless you decline the additional coverage in writing. This matching requirement ensures you have the same level of protection whether it is an insured or uninsured driver that injures you.
• Rejecting Higher Coverage: Insurance companies are required to offer you uninsured motorist coverage that matches your liability limits. This is why you must actively decline the higher protection in writing if you want lower limits.

What Damages Does UM Bodily Injury Insurance Cover in Chicago?

Your UM insurance will cover the medical costs, lost wages, and other pain and suffering damages – up to the limits of your policy. If you only carry the minimum of $25,000 and you sustain serious injuries, that amount will not go far.

Are There Other Insurance Options That Could Help Me in a Claim Against an Uninsured Driver?

Absolutely. If an uninsured driver causes your car accident in Chicago, your own uninsured motorist coverage may not be your only option for compensation. There are other optional coverages you can purchase – keeping in mind, you must have purchased these coverages before an accident occurs.

Be sure to review these options with your insurer to determine the optimal coverage to accommodate both your budget and your needs:

• Medical Payments Coverage (MedPay): Pays for medical expenses regardless of who caused the accident. MedPay provides immediate payment for hospital bills and medical treatment while your UM claim is being processed, eliminating delays in getting necessary care. Coverage limits you can purchase typically range from $1,000 to $10,000.
• Personal Injury Protection (PIP): Provides broader coverage than MedPay by covering medical expenses, as well as lost wages and other essential services. When an uninsured driver injures you, PIP can replace a portion of your lost income immediately rather than waiting months for your UM case to settle. This coverage also applies regardless of fault and can supplement your uninsured motorist benefits. PIP limits in Illinois are typically available up to $8,000.
• Collision Coverage: Pays for damage to your vehicle when you collide with another car no matter who is to blame. Without collision coverage, you would have no way to repair your vehicle after an uninsured driver accident since the at-fault driver cannot pay. Coverage is limited to the actual cash value of your vehicle.
• Comprehensive Coverage: While not directly related to uninsured drivers, comprehensive coverage protects against theft, vandalism, and hit-and-run accidents where the driver cannot be identified or located. This coverage is crucial if the uninsured driver who hits you flees the scene and cannot be found. Coverage is limited to the actual cash value of your vehicle.
• Gap Insurance: If you owe more on your car loan than your vehicle is worth, gap insurance covers the difference if an uninsured driver totals your car. Without gap coverage, you could owe thousands of dollars on a destroyed vehicle with no way to recover that money from an uninsured driver. Coverage is limited to the difference between your loan balance and the vehicle’s actual cash value.
• Rental Car Coverage: This coverage pays for a rental vehicle while your car is being repaired after an accident with an uninsured driver, ensuring you maintain transportation during the claims process. Since uninsured driver claims often take longer to resolve, rental coverage prevents you from being without transportation for weeks or months. Coverage limits typically range from $25 to $100 per day with maximum time limits of 30 to 60 days.

Can I Purchase Both MedPay and PIP Coverage in Illinois?

Yes, Illinois drivers can purchase both MedPay and PIP coverage on the same policy. These coverages are not mutually exclusive, and you can have both if you choose to do so. However, when you have both coverages, your insurance company will coordinate benefits to avoid paying twice for the same expense.

Typically, one coverage would be primary and the other would be secondary for remaining eligible expenses up to its limits. Since PIP already covers medical expenses plus additional benefits like lost wages and essential services, many people find that purchasing both is unnecessary. PIP essentially includes MedPay benefits plus more comprehensive protection.

Which Insurance Coverage Pays First After an Uninsured Driver Accident?

If you get injured in an accident caused by an uninsured driver, your Personal Injury Protection (PIP) coverage (or MedPay), if you have it, pays first.

Your uninsured motorist bodily injury coverage acts as secondary coverage once your PIP or MedPay limits have been exhausted, handling additional injury claim damages, including pain and suffering.

An uninsured motorist claim must still be investigated, as for any car crash, to determine fault for the accident and engage in settlement negotiations with your insurance company.

For vehicle damage, collision coverage pays first if you have it, allowing immediate repairs while any uninsured motorist property damage claim is processed separately.

Can I Still Sue if the Driver Who Caused My Chicago Car Accident Is Uninsured?

If the driver who hit you has no insurance, you may be able to hold them personally liable. However, even if you are able to get a favorable judgement, you may have no success collecting compensation. Uninsured drivers typically have few personal assets.

Another option may be to take legal steps to garnish the at-fault party’s wages. But Illinois places limits on how much can be garnished, and the effort to accomplish this may not be worth what you are able to recover in the end. You may be able to place a lien on the at-fault driver’s property – if they own any. But this is also a complex process that does not guarantee any significant recovery of compensation for medical costs and other losses.

How Long Do I Have to File a Claim After a Car Accident in Illinois?

In Illinois, you have two years from the date of your car accident to file a personal injury lawsuit against the at-fault driver. You have five years to file a lawsuit for property damage to your vehicle.

Are There Any Key Differences to Filing a Claim if the At-Fault Driver Was Uninsured?

A claim against an uninsured driver does involve some key differences compared to a standard car accident claim. You want to note these differences, as they could affect your claim timeline, the documentation you need, and the overall process of seeking compensation.

• Notification Requirements: Check your individual policy or call your insurer directly for specific details. Typically, as stated, you must notify your insurer “as soon as practically possible” after the accident, which typically means within 24 to 48 hours no matter who caused the crash. Failure to provide timely notice can jeopardize your entire claim.
• Filing Against Your Own Insurer: Instead of filing a claim against the at-fault driver’s insurance company, you will be filing your uninsured motorist claim against your own insurance company, which may be less cooperative since they are responsible for paying your damages.
• Additional Documentation Required: You must provide proof that the other driver was uninsured, such as the police report or DMV records.
• Arbitration Requirements: In Illinois, you may be required to undergo mandatory arbitration for an uninsured motorist claim. If so, your dispute may need to be resolved through arbitration rather than in court.
• Extended Investigation Process: Your insurance company will conduct their own fault investigation to determine liability. This investigation may delay the resolution of your claim compared to cases where fault is already established by the other driver’s insurer.
• Coordination of Benefits: If you have multiple coverages like PIP, MedPay, and collision coverage, your insurance company must coordinate how these benefits work together, adding complexity to the claims process.

When Should I Contact a Personal Injury Attorney About My Uninsured Driver Accident?

We recommend seeking legal help as soon as possible after an uninsured driver accident, especially if you have sustained serious injuries or significant property damage. A lawyer can also protect your interest and legal rights if your insurance company denies your claim or offers an inadequate settlement.

Uninsured motorist claims can be more complex because you are filing against your own insurance company, which gives them financial incentives to try to minimize your payout.

At Cooney & Conway, our knowledgeable legal team is prepared to advocate on your behalf and fight for the full compensation you deserve. Since we work on a contingency basis, there are no upfront costs or fees to pay.

Call our trusted Chicago law firm today to get started. (800) 322-5573