Uninsured/Underinsured Motorist Attorneys

Illinois law requires that all drivers maintain automobile liability insurance that provides coverage in the event that they cause injuries in a car crash. The reality is that not all drivers maintain this insurance. After a vehicle collision with an uninsured or underinsured motorist, it may be possible to pursue an uninsured motorist claim through your own automobile insurance. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we help individuals pursuing claims after suffering injuries in an uninsured motorist accident. Our car accident lawyers are knowledgeable in Illinois law and have experience with the legal challenges posed by accidents involving uninsured drivers. We are committed to helping our clients pursue the compensation that they are owed by law, and we are prepared to advocate on behalf of injured individuals throughout the state.

What Is Uninsured Motorist Coverage And How Does It Work?

Every automobile liability policy issued in Illinois automatically includes Uninsured Motorist (UM) coverage at mandatory state minimum limits ($25,000 per person/$50,000 per accident). However, Underinsured Motorist (UIM) coverage is only automatically included if you purchase UM full coverage limits above those statutory minimums.

Your insurance company steps in to pay the damages you would have collected from the at-fault driver. The insurer essentially replaces the uninsured driver who should compensate you for your injuries. While your insurance company can attempt to recover the money it pays out, recovery from an uninsured motorist is virtually impossible in most cases. You pay premiums for this coverage, so your insurer assumes the risk of nonrecovery.

When Can You File An Uninsured Or Underinsured Motorist Claim?

You can file an uninsured motorist claim when the driver who caused your accident carries no liability insurance or fails to maintain the minimum coverage required by Illinois law. Hit-and-run accidents represent one common scenario. Another occurs when your injuries are catastrophic and the damages surpass what the other driver’s policy can cover.

Underinsured motorist claims apply when the at-fault driver carries some insurance, but not enough to cover your damages. Under Illinois statutory law (215 ILCS 5/143a-2(4)), you must exhaust the full bodily injury liability limits of the at-fault driver’s policy via settlement or judgment before your underinsured motorist coverage becomes payable.

How Do You File A Claim Against Your Own Insurance Company?

Each insurance policy has its own requirements for filing uninsured motorist claims. You file these claims against your own automobile insurance policy or a policy held by a household or family member. You must submit written notices and follow specific steps to bring a claim.

Filing a claim against your own insurer can create a conflict of interest. Your insurance company may try to minimize your damages or delay payment. If your insurer fails to pay or unreasonably handles your claim, you may have grounds for a bad faith action. Illinois law allows penalties, attorney’s fees and costs when insurers act in bad faith. Consulting with an attorney experienced in litigating uninsured and underinsured motorist claims protects your rights and helps you navigate these conflicts.

Discuss Your Right To Compensation With A Lawyer

At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our experienced attorneys advocate for people faced with challenges in recovering compensation for an accident with an underinsured motorist. We have helped victims recover the costs of their medical bills, lost wages and emotional suffering, even when the at-fault driver was without insurance coverage. Contact our office for a free consultation to understand how we can work to protect your rights. We are proud to help victims throughout Illinois, including people in Aurora, Springfield, Rockford, Quincy, and other cities in Kane, Cook, Adams and Sangamon counties. Schedule a consultation with an attorney online or by calling 312-724-5846.