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How an Uninsured Motorist Affects Your Personal Injury Case

Posted on in Car Accidents

How an Uninsured Motorist Affects Your Personal Injury CaseA personal injury case involving a vehicle accident will start with filing an insurance claim before you decide whether to pursue a personal injury lawsuit. While you have two years in Illinois to file a personal injury lawsuit, the insurance claim process will start almost immediately. If the other driver was at fault for your injuries, their insurance will likely be responsible for compensating you. However, what happens if the driver at fault does not have auto insurance? In Illinois, your uninsured motorist coverage will pay you instead.

How Does It Work?

Illinois requires auto insurance providers to include uninsured motorist coverage in all insurance plans, whereas other states may only require that insurers offer it. Your insurance will compensate you if you are injured in an accident with an uninsured driver, including if:

  • You were driving another vehicle;
  • You were a passenger in the uninsured driver’s vehicle; or
  • You were a cyclist or pedestrian.

Your insurance policy will also compensate you if the liable driver is underinsured. In that instance, your insurer would pay the difference between what the other insurance company pays you and your medical expenses, up to the limit of your policy. However, your insurance might not cover property damage caused by an uninsured party, depending on the type of policy you have.

Filing a Lawsuit

The minimum policy limit in Illinois for uninsured motorist coverage is $25,000 for one injured person and $50,000 for two or more people. It is possible that the expenses related to your injury may exceed what your insurance company pays you. Expenses often include:

  • Immediate medical treatment;
  • Continued therapy; and
  • Lost income from time missed at work.

By filing a personal injury lawsuit against a liable driver, you can ask for compensation for your uncovered medical expenses, as well as for pain and suffering. Unfortunately, some uninsured motorists lack the financial resources to pay substantial damages from a lawsuit. The driver may have forgone insurance because of a lack of income, and their financial situation has likely grown worse since being charged with driving without insurance. They owe the state a substantial fine because of the infraction and may be out of work if their driver’s license is suspended.

Contact a McHenry County Personal Injury Lawyer

There is a reason why it is illegal to drive a vehicle without insurance. It can be more difficult to receive the compensation you need if you are injured in an accident with an uninsured driver. A Crystal Lake, Illinois, personal injury attorney at Botto Gilbert Lancaster, PC, will work with you to get compensation from your insurance company and the liable driver. Schedule a free consultation by calling 815-338-3838.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K7-203

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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