The other driver caused the crash, and they have no insurance. Now what?
You’re not stuck. Most Illinois drivers carry uninsured motorist coverage on their own policy, and it exists for exactly this moment. Here’s how it works, from our attorneys, starting with senior attorney Stephen D. Phillips.
What Our Attorneys Say
Stephen D. Phillips — Senior Attorney
“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.”
Stephen J. Phillips
“If the driver who caused the accident doesn’t have insurance, that’s okay. Most people in Illinois have what’s called under- or uninsured motorist coverage in their policy. Even though the negligent person doesn’t have auto insurance, your own policy may cover your injuries and damages. That’s why it’s important to hire a personal injury lawyer who understands the ins and outs of insurance law and can figure out whether you have that coverage.”
Terrence M. Quinn
“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.”
What Is Uninsured / Underinsured Motorist Coverage?
It’s the part of your own auto policy that pays when the at-fault driver can’t.
Two situations trigger it. Uninsured motorist coverage (UM) applies when the other driver has no insurance at all. Underinsured motorist coverage (UIM) fills the gap when they have some, but not enough to cover the harm they caused.
Why Your Coverage Limits Matter
Here’s the part people miss: you can only collect up to the limits you bought.
Carry the state minimum and suffer a serious injury, and that minimum runs out fast. It’s worth pulling out your policy before you ever need it. If those limits are low, raise them.
Don’t Let Your Own Insurer Lowball You
An uninsured motorist claim is still a claim against an insurance company, even when it’s your own. They still try to pay as little as possible.
That catches people off guard. You’ve paid this company for years, and now they’re fighting you on the payout. Our Chicago car accident lawyers handle a UM claim the same way we’d handle one against the other driver, pushing for the full value of your injuries.
Talk to a Chicago Car Accident Lawyer
Hit by an uninsured driver? You may have more coverage than you realize. Let us check your policy.
Call (312) 346-4262. The consultation is free, and you pay nothing unless we win. See our Chicago personal injury page for more.
Frequently Asked Questions
Is uninsured motorist coverage required in Illinois?
Yes. Illinois requires uninsured motorist coverage on every auto policy. Underinsured motorist coverage is required once you carry limits above the state minimum.
Can I really file a claim against my own insurance company?
Yes. That’s exactly what uninsured and underinsured motorist coverage is for. You file the claim under your own policy, and it works much like a claim against an at-fault driver’s insurer.
Will an uninsured motorist claim raise my rates?
Illinois limits when an insurer can surcharge you for a claim that wasn’t your fault, but policies vary. Ask your agent before you assume anything.
