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Bearing the Cost of an Accident with an Uninsured Driver

Posted on in Car Accidents

Illinois uninsured driver, cost of accident, Crystal Lake Personal Injury LawyerAlthough having auto insurance is mandatory in Illinois, not every driver on the road abides by the law. A driver who is injured or suffered property damage in an accident with an uninsured or underinsured driver can find himself or herself in trouble unless properly protected through his or her own insurance. Although the injured driver may not be able to recover directly from the uninsured or underinsured driver, he or she does not have to bear the cost of the loss of the accident.

Most insurance carriers offer auto insurance policies that cover drivers for accidents with uninsured or underinsured drivers. A driver can be underinsured if he or she carries minimum coverage on the vehicle and the coverage does not meet the damages or injuries caused. Illinois law requires drivers to be insured at the following minimums:

  • $25,000 for injury or death of one person in an accident;
  • $50,000 for injury or death of more than one person in an accident; and
  • $20,000 for damage to property of another person.

Therefore, it is advisable for a driver to carry uninsured and underinsured motorist insurance coverage.

When a driver who has uninsured motorist coverage gets into an accident with an uninsured driver, he or she makes a claim against his or her own insurance company to cover the damage caused. In cases where the driver is involved in a hit and run or other accident where the identity of the other driver is not known, the injured driver can also file a claim with his own insurance company.

Before filing the claim with their own insurance companies, drivers should consult an experienced attorney to avoid jeopardizing their own claim. Even though it is the driver's own insurance company, it does not mean that the company will pay out the claim without hesitation. In some cases, the claiming driver may have to go to court in order to receive the insurance payout.

There are usually time limits on how long after an accident with an uninsured or underinsured driver seeking compensation against his own insurance company can file the claim. These claim limits are usually contained in the policy documents. There are also likely to be notice requirements that the driver has to follow. The time limits based on the insurance policy may be much shorter than a driver may expect, and in many cases are shorter than the statute of limitations on bringing a personal injury lawsuit against the other driver. In Illinois, the statute of limitations for personal injury cases is two years.

Let Us Assist You

If you were injured in an accident by a negligent driver, you should consult an experienced car accident attorney to ensure you receive compensation to help you handle medical costs and other costs that may be associated with the accident. Contact the experienced Crystal Lake personal injury attorneys at our office for a free consultation and to learn more about your options.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K7-601

https://www.cyberdriveillinois.com/publications/pdf_publications/vsd361.pdf

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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