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Illinois FAQs

What Happens If I'm Hit By An Uninsured Driver In Illinois?

Hit by an uninsured driver in Illinois? Your own UM coverage may pay your claim. Injury Case Pro connects you with an experienced Illinois attorney.

Category: Illinois FAQs

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Overview

Illinois requires every auto policy to include uninsured motorist coverage, so if you're hit by a driver with no insurance, you can typically file a claim through your own policy instead of chasing the at-fault driver for payment. That coverage generally provides at least $25,000 per person and $50,000 per accident, the same as Illinois's liability minimums. The process works differently than a standard claim against another driver's insurer, and insurance companies don't always make it easy. Injury Case Pro can connect you with an Illinois attorney experienced in handling uninsured motorist claims.

Frequently Asked Questions

What should I do if the driver who hit me in Illinois has no insurance?
Because Illinois requires every auto policy to include uninsured motorist coverage, your own insurance company is typically the one who pays your claim in this situation, up to your policy's limits. You'll need to report the accident to your own insurer and go through their uninsured motorist claims process rather than dealing with the at-fault driver's insurance, since none exists. Police reports and documentation of the other driver's lack of insurance are important early steps.
How much can I recover from uninsured motorist coverage in Illinois?
Your recovery is limited to whatever uninsured motorist limits are on your policy, with a minimum of $25,000 per person and $50,000 per accident required by Illinois law. If you purchased higher limits, you can recover up to that amount instead. This is one reason many drivers choose coverage well above the state minimum.
Will my own insurance company fight my uninsured motorist claim?
It's possible. Even though you're filing against your own policy, your insurer still has a financial incentive to minimize what it pays out, and uninsured motorist claims can sometimes turn adversarial. Having documentation of the accident, your injuries, and the other driver's lack of coverage helps support your claim if the insurer pushes back.
What if the at-fault driver fled the scene and I never identified them?
Hit-and-run accidents where the driver is never identified are typically also covered under Illinois uninsured motorist coverage, since there's no insurer to pursue. You'll usually need to show that you reported the accident to police promptly and cooperated with the investigation. Acting quickly after a hit-and-run helps preserve the evidence that supports this type of claim.

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This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and every case is different. Contact us to discuss the specific facts of your situation.

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