I’ve handled injury cases in Illinois for more than 40 years, and one question still comes up in almost every consultation: “What happens if the other driver doesn’t have insurance, or not enough of it?”
The short answer: in Illinois, your own auto policy includes uninsured motorist (UM) and underinsured motorist (UIM) coverage unless you rejected it in writing (215 ILCS 5/143a and 5/143a-2). If the driver who hit you has no insurance, or too little, you can make the claim against your own insurer.
Below is how these claims work, what they pay, and what to do first. (For general steps after any crash, see our Chicago car accident lawyer guide.)
Uninsured vs. underinsured motorist coverage
- Uninsured motorist (UM) coverage protects you if you are injured by a driver who has no insurance at all, or by a hit-and-run driver who cannot be identified.
- Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their liability limits are lower than your UIM limit. In Illinois it pays up to your UIM limit minus what you recover from the at-fault driver’s insurer. Here is a worked example of how that payout is calculated.
Illinois’ minimum liability limits are $25,000 per person, $50,000 per accident and $20,000 for property damage (625 ILCS 5/7-203), and many at-fault drivers carry only that minimum. A serious injury can use that up in a single emergency room visit. That gap is exactly what UM and UIM coverage exists to fill.
What UM and UIM coverage pays
Both coverages pay for bodily injury: medical bills, lost income, and pain and suffering, up to your policy limits. Damage to your car is handled separately, usually by your own collision coverage or the at-fault driver’s property damage liability insurance.
Common situations where UM or UIM applies
- A hit-and-run driver causes a crash and is never identified. This is generally handled under your UM coverage.
- The at-fault driver let their policy lapse without telling anyone.
- The at-fault driver carries only the Illinois minimum, which is rarely enough for serious injuries (a UIM claim).
- You are hit by a delivery or rideshare driver whose coverage does not reach your losses. Our Uber and Lyft accident lawyers explain how that coverage interacts with your own policy.
How to file a UM or UIM claim
A UM or UIM claim is filed with your own insurance company, not the at-fault driver’s. Here is how it usually works:
- Notify your insurer promptly. Your policy sets its own notice requirements, and late notice can hurt the claim.
- Provide the police report, photos and medical records.
- For a UIM claim, the other driver’s policy limits have to be confirmed, because your UIM payout depends on what you recover from that policy.
- Negotiate the settlement. If you and your insurer disagree on the value, the dispute may go to arbitration or, in some cases, litigation.
Attorney Terrence M. Quinn explains the first step in this short video:
Read the video transcript
You should contact your own insurance company and make what’s called an uninsured motorist claim. It’s a type of coverage you have, or should have, through your own policy that covers you in this situation. It’s very important coverage that your insurer has to offer you. It works just like making a claim against the other person’s insurance company.
Your own insurer is not on your side
Many people are surprised that once they file a UM or UIM claim, their relationship with their own insurer changes. The company is no longer acting as your advocate. It is the party paying the claim, and insurers often try to:
- Minimize your injuries or suggest you were partly at fault.
- Use independent medical exams to challenge your doctors’ findings.
- Delay or deny the claim on technicalities.
- Offer a settlement well below your losses.
These tactics are common. Illinois follows modified comparative negligence (735 ILCS 5/2-1116), so if you are found more than 50% at fault you cannot recover, and if you are 50% or less at fault your recovery is reduced by your share. That reduction carries over to a UM or UIM claim.
Stacking and higher limits
The $25,000/$50,000 floor is a minimum, not a ceiling. You can buy higher UM and UIM limits, and I usually recommend you do. Whether coverage from more than one vehicle can be combined (“stacking”) depends on the language of your policy, so have your lawyer read your declarations page before you assume either way.
If you don’t have UM or UIM coverage
If you rejected the coverage in writing, your options are narrower, but they are not gone. You may still be able to sue the at-fault driver directly, look to other household policies, or use health insurance for treatment and deal with reimbursement later. Collecting from an uninsured driver is often hard because many have few assets. Our guide on what to do if the at-fault driver has no insurance in Illinois walks through those steps. An umbrella liability policy is another layer of protection worth asking your agent about.
Frequently asked questions
Is uninsured motorist coverage mandatory in Illinois?
Yes. Illinois requires insurers to include it in every auto liability policy, at limits matching your liability coverage with a $25,000/$50,000 floor, unless you reject it in writing (215 ILCS 5/143a).
Can I reject UM or UIM coverage?
Yes, but only in writing. If you never formally rejected it, your policy should include it.
Does it cover a hit-and-run?
Generally yes, under your uninsured motorist coverage, because the driver cannot be identified or sued. Report the crash to the police and your insurer as soon as possible, and check your policy’s notice requirements.
What is the difference between uninsured and underinsured coverage?
Uninsured coverage applies when the at-fault driver has no insurance. Underinsured coverage (215 ILCS 5/143a-2) applies when the driver has insurance, but not enough to cover your losses.
Your protection and next steps
If you were hit by an uninsured or underinsured driver in Illinois, don’t assume you are out of options. These claims can be complex, but the law gives you several paths to recovery if you act quickly and know how to use your coverage.
At Phillips Law Offices, we have helped thousands of people across Chicago with UM and UIM claims, from the first filing through arbitration and trial. If you are unsure what your policy covers or how to start, our Chicago uninsured motorist lawyers can review your coverage and explain your rights. Call (312) 346-4262 or request a free consultation. There is no fee unless you win.
Interesting Reads:
What to Do If the At-Fault Driver Has No Insurance in Illinois
How Much Can I Get From an Underinsured Motorist Claim?
