Experiencing a collision is stressful but discovering if the at-fault driver doesn’t have enough insurance introduces a new layer of financial concern. Medical bills in Illinois can quickly surpass the minimum insurance requirements of $25,000 per person and $50,000 per accident. While those limits might seem sufficient, serious injuries needing surgery or rehabilitation can exhaust these funds, leaving a coverage gap. If the at-fault driver is underinsured, you may struggle with medical and property damage costs. It’s crucial to understand your coverage limits and address these issues quickly to safeguard your financial stability.
If you need assistance exploring your legal options after a crash, contact Chute, O’Malley, Knobloch & Turcy, LLC in Naperville at 312-775-0042.
What Does It Mean to Be Underinsured in an Illinois Car Accident?
When you are underinsured in an Illinois car accident, it means the at-fault driver has liability insurance, but their policy limits are too low to cover your total medical bills, lost wages, and damages. With Illinois minimums set at $25,000 per person and $50,000 per accident, serious injuries often exceed these limits, leaving you to rely on your own underinsured motorist coverage in Illinois for the difference. In 2023, an estimated 15.2% of drivers in Illinois were uninsured, and countless others drive with the bare minimum coverage permitted by law. Without adequate underinsured motorist (UIM) coverage of your own, you might be forced to pay out-of-pocket for damages caused by another person.
In these situations, the at-fault driver’s bodily injury liability must be lower than your UIM limits. For instance, if your damages total $100,000 and the other driver has only $25,000 in coverage, your insurance will cover the remaining $75,000, assuming you have higher UIM limits. In Illinois, your uninsured and underinsured motorist coverage must match. Without sufficient UIM coverage, you may end up paying out-of-pocket for damages caused by another driver. Alternatively, you would have to pursue a lawsuit against a motorist who lacks the assets to pay an average car accident settlement.
How Uninsured and Underinsured Motorist Coverage Works in Illinois
In Illinois, uninsured (UM) and UIM motorist coverages are mandatory, providing essential protection when an at-fault driver lacks sufficient coverage to pay for injuries and property damage. These coverages pay for medical bills, lost wages, and pain and suffering, often with limits matching your own liability coverage.
UM Coverage activates when you are hit by a driver with no insurance, a hit-and-run driver, or a driver whose insurer denies coverage. UIM coverage applies when the at-fault driver has insurance, but their policy limits are lower than your damages. UIM covers the gap between the at-fault driver’s policy maximum and your total damages, up to your own UIM policy limit.
Illinois requires UM/UIM coverage to match the minimum liability limits of $25,000 per person and $50,000 per accident. If you hold higher liability limits, your UM/UIM limits usually match those increased amounts. This structure allows you to file claims for amounts exceeding the other driver’s policy. Navigating UM/UIM claims requires careful review of your policy declarations page to confirm your exact coverage amounts.
Your Legal Options When the At-Fault Driver’s Insurance Isn’t Enough
When an at-fault driver’s insurance is insufficient in Illinois, you can file a claim against your own UM/UIM coverage. If damages exceed these limits, you may sue the driver personally, use collision coverage for vehicle repairs, or investigate third-party liability. Many people ask, are car accident lawyers worth it? A lawyer can find sources of compensation you might miss, maximizing your compensation.
Legal options include:
- Underinsured Motorist (UIM) Claim: If the driver has insurance but not enough to cover your damages, your UIM coverage fills the gap.
- Uninsured Motorist (UM) Claim: If the driver is completely uninsured or flees, your UM policy covers bodily injury and property damage.
- File a Personal Injury Lawsuit: You can sue the driver directly for excess damages, including medical bills, lost wages, and pain and suffering, though collection may prove difficult.
- Collision Coverage: Your own policy can pay for vehicle repairs, often faster than waiting for a liability claim to settle.
- Third-Party Liability: If a third party, such as a bar over-serving a driver or a vehicle manufacturer’s defect, contributed to the accident, they might be held liable.
You must report accidents with injuries or property damage over $1,500 to the police. Illinois follows a modified comparative negligence rule, so you can’t recover damages if you’re 51% or more at fault. To protect your rights to UM/UIM claims, gather evidence and notify your insurer right away. It’s advisable to consult a car accident lawyer, as recovering from an underinsured driver can be difficult.
To assess your case’s value, research average car accident settlements in your area and consult with an Illinois car accident lawyer to identify applicable insurance policies. Proper evidence collection is crucial to prove the other driver’s fault for UIM benefits. If you are dealing with a situation where the at-fault driver had insufficient insurance, contact us at Chute, O’Malley, Knobloch & Turcy, LLC.
Frequently Asked Questions
What happens if the at-fault driver’s insurance doesn’t cover all my damages in Illinois?
If the at-fault driver lacks adequate coverage, file a claim against your own UIM policy. This bridges the gap between the driver’s limits and your total damages, up to your maximum. You may also pursue a personal injury lawsuit against the driver directly.
Can I use my own insurance if the other driver is underinsured?
Your UIM coverage is meant for this situation. It covers the difference between the at-fault driver’s liability limits and your damages, up to your UIM policy limit.
Should I contact a lawyer if the other driver doesn’t have enough insurance?
It’s advisable to contact a lawyer when insurance limits are a concern. An attorney can uncover hidden policies, perform asset checks on the at-fault driver, and ensure fair handling of your UIM claim by your insurance company.
