If an uninsured or underinsured driver hurt you in Chicago, you are likely dealing with two problems at once: your injuries, and an insurance company that is now on the other side of the table. Phillips Law Offices files uninsured motorist (UM) and underinsured motorist (UIM) claims against your own insurer and pushes for the full value of your injuries.
For a plain-language explanation of how the coverage works, read our guide to uninsured and underinsured driver accidents in Illinois. This page is about what a lawyer does for you.
What a Chicago uninsured motorist lawyer does
Senior attorney Stephen D. Phillips describes it this way:
Read the video transcript
What we do is file a claim against your own insurance company for uninsured and underinsured motorists. Always make sure you carry significant limits, both for liability if you injure someone else and for uninsured and underinsured motorists, so we can collect for you under your own policy. A lot of people don’t realize you can collect under your own policy, but you have to take out the coverage first.
A note on that last sentence: in Illinois, UM and UIM coverage is included in your auto policy unless you rejected it in writing (215 ILCS 5/143a and 5/143a-2). So the thing to check on your declarations page is your limits, and whether you ever signed a rejection.
In practice, our lawyers:
- Read your policy to confirm what UM and UIM coverage you carry and at what limits.
- Investigate the crash: police report, photos, witness statements, and the other driver’s coverage.
- File and negotiate the claim with your insurer, and handle the paperwork and deadlines.
- Take the dispute to arbitration or court if your insurer will not pay a fair amount.
Why these claims are harder than they look
A UM or UIM claim is still a claim against an insurance company, even when it is your own. Common problems include:
- Proving the other driver caused the crash, especially in a hit-and-run with limited evidence.
- An insurer that disputes your injuries, blames you for part of the crash, or delays the claim.
- Policy limits that are lower than your losses.
Illinois follows modified comparative negligence (735 ILCS 5/2-1116). If you are more than 50% at fault you cannot recover, and if you are 50% or less your recovery is reduced by your share of fault. How the payout is calculated on an underinsured claim is explained in how much you can get from an underinsured motorist claim.
What to do after a crash with an uninsured driver
- Get safe and call 911. Medical help and a police report both matter later.
- Collect information. Get the other driver’s name, contact details and vehicle information, plus eyewitness contact details.
- Document the scene. Take photos and video of the vehicles, damage and road conditions.
- Get a police report. It is key evidence for a UM claim, and it records that the other driver had no insurance.
- Notify your own insurer promptly. Your policy sets notice requirements, and delay can cause trouble.
- Do not argue about fault with the other driver.
- Talk to a lawyer before giving a recorded statement or accepting an offer.
What compensation can you recover?
UM and UIM coverage pays for bodily injury: medical bills, lost income, and pain and suffering, up to your policy limits. Damage to your vehicle is usually paid by your own collision coverage or the at-fault driver’s property damage liability insurance, not by UM or UIM bodily injury coverage. Your limits are the ceiling, which is why a lawyer’s first job is to read your policy.
Choosing the right lawyer
Look for a lawyer who handles UM and UIM claims regularly, who can explain how your own insurer will approach the claim, and who is local to Chicago and Illinois courts. Good questions to ask at a first meeting: how many similar claims have you handled, what is your approach to negotiating with insurers, and how are fees structured? We handle these claims on a contingency basis, so there is no fee unless you win.
If you are the one who was uninsured, see what happens if you have no insurance but the other driver was at fault. If the other driver has no insurance and you want the full step-by-step, read what to do if the at-fault driver has no insurance in Illinois.
Injured by an uninsured or underinsured driver? Contact us today
At Phillips Law Offices, our Chicago car accident lawyers will review your coverage, explain your rights, and take on your insurer for you. Call (312) 346-4262 for a free consultation.
Interesting Reads:
Chicago Hit and Run Car Accident: What to Do
Hit-and-Run Accidents in Illinois: What to Do and Your Legal Rights
Can You File a Claim After a Car Accident if You’re an Uninsured Driver?
