What if the person who hit me doesn’t have insurance?
In Illinois, the person who causes a car accident is responsible for paying for the damages. Usually, this payment will come from their insurance policy. However, sometimes the at-fault party does not have insurance, or does not have enough to cover the full extent of your damages. Even though automobile insurance is required, other drivers do not always follow the law. This results in many accidents involving uninsured motorists. In fact, statistics show that over thirteen percent of Illinois drivers do not have car insurance.
When this happens, you still have options for recovery under your own insurance policy. Depending on your situation, you may file a claim under your own uninsured motorist coverage, underinsured motorist coverage, or uninsured motorist property damage insurance.
Uninsured Motorist Coverage
All drivers who carry the required automobile insurance automatically have coverage of $25,000 per person or $50,000 per accident to take account of the uninsured motorists on the roads.
If you are in an accident with an uninsured driver, you will be able to make a claim with your own policy under the uninsured motorist coverage. Your own insurance company would then be responsible for paying the claim, which may pay for your medical expenses, lost wages, and pain and suffering.
It is important to note that you can request more uninsured motorist coverage from your insurance company if you so choose. This can help ensure that you are covered no matter how serious of an accident you find yourself involved in.
Underinsured Motorist Coverage
If another driver only carries a policy with the minimum amount of coverage ($25,000 per person or $50,000 per accident), it is possible that their policy will not cover the full extent of your damages. Underinsured motorist coverage is similar to uninsured motorist coverage in that if the limits of the other driver’s policy are too low, your own policy can be used to compensate you. Underinsured motorist coverage can be used on top of the recovery you get from the other driver’s insurance policy to bring you up to the full compensation you deserve for medical costs, time off work, and physical and psychological pain and suffering.
Uninsured Motorist Property Damage Insurance
A less common form of insurance that may be purchased is uninsured motorist property damage coverage. This is used to cover incidents involving property damage. It is a single limit for each accident, such as a limit of $15,000. Under this type of policy, the most your insurance company would pay for property damage in one accident would be $15,000.
If you do not have uninsured or underinsured motorist coverage and the other driver cannot pay what you are entitled to for your injuries, you may be stuck paying for your injuries out of your own pocket.
If you’ve been injured in a car accident with an uninsured or underinsured motorist in Illinois, contact Spiros Law, P.C. today by calling (815) 929-9292 for help. We can evaluate your insurance policy and guide you in the right direction.