When the At-Fault Driver Has No Insurance, We Fight for Your Recovery
Being hit by an uninsured or underinsured driver can leave you facing significant medical bills with no clear path to compensation. According to the Insurance Research Council, approximately one in seven drivers nationwide lacks insurance coverage. Fortunately, Illinois law requires all drivers to carry uninsured motorist (UM) coverage, providing a safety net when the at-fault driver cannot pay. A Northbrook car accident attorney experienced in UM claims can help you navigate the process and fight for full compensation from your own insurance company.
Why Choose Stein & Shulman for Your UM Claim
Uninsured motorist claims require specific expertise that most personal injury attorneys simply do not have. Attorney Cary Stein has handled more than 500 UM and UIM arbitrations throughout his 28-year career, giving our firm deep insight into how insurance companies evaluate these claims and what evidence is needed to maximize your recovery.
When you hire our experienced Northbrook personal injury lawyers, you can expect us to:
- Work directly with an attorney – our lawyers have over 60 years of combined experience
- Thoroughly investigate the car accident to identify fault and liable parties
- Pursue all sources of compensation for damages to increase your chance receive full compensation
- Be available 24/7 to address your concerns
- Work with leading expert witnesses, as necessary, to strengthen your claim
- Handle all matters related to your claim, including paperwork and insurance settlements
- Aggressively pursue your best interests throughout every phase
We understand the arbitration process inside and out. When insurance companies refuse to offer fair settlements, we are prepared to take your case to arbitration and present compelling evidence that supports your claim. Our track record of successful verdicts and settlements demonstrates what experienced representation can accomplish for injured clients across Cook, Lake, DuPage, and McHenry counties.
Understanding Uninsured and Underinsured Motorist Coverage
Illinois requires all drivers to carry UM/UIM coverage with minimum limits of $25,000 per person and $50,000 per accident. According to the Illinois Department of Insurance, this coverage activates when the at-fault driver has no insurance (uninsured motorist) or insufficient coverage to pay for your damages (underinsured motorist).
UM coverage also applies in hit-and-run accidents where the responsible driver cannot be identified. If you are injured by a driver who flees the scene, you may be able to file a claim against your own policy. This protection exists because you have been paying premiums for exactly this situation, and your insurance company is obligated to honor that coverage.
What Does UM/UIM Coverage Pay For?
Your uninsured motorist coverage can compensate you for the same types of damages you would recover from the at-fault driver if they had insurance. This includes:
- Medical expenses including hospital bills, surgeries, physical therapy, and ongoing treatment
- Lost wages and reduced earning capacity if injuries prevent you from working
- Pain and suffering for physical discomfort and emotional distress
- Disability and disfigurement that affects your quality of life
Property damage coverage is typically separate from bodily injury coverage. If you carry collision coverage, your vehicle repairs are usually handled through that policy. However, uninsured motorist property damage (UMPD) coverage may also apply depending on your specific policy.
Why Insurance Companies Fight UM Claims
Many people assume their own insurance company will treat them fairly after an accident with an uninsured driver. Unfortunately, even your own insurer has financial incentives to minimize what they pay. They may dispute the extent of your injuries, question whether your medical treatment was necessary, or argue that your policy limits do not apply to your situation.
Coverage disputes are common. Insurers may deny claims based on policy exclusions, argue about whether the other driver was truly uninsured, or delay processing in hopes you will accept a lower settlement out of frustration. Having an attorney who understands these tactics and knows how to counter them can make a significant difference in your recovery.
Hit-and-Run Accidents and UM Coverage
If you have been involved in a hit-and-run accident, your insurance company will generally treat it as an uninsured motorist claim. Because the driver who caused your injuries cannot be identified, there is no liability policy to pursue. Your UM coverage steps in to provide compensation for your injuries.
Acting quickly is important in hit-and-run cases. File a police report immediately and document everything you can remember about the vehicle that struck you. Your insurer will require this documentation to process your claim, and delays can complicate your case.
The UM Arbitration Process
When settlement negotiations fail, UM claims proceed to arbitration rather than trial. Arbitration involves presenting your case to one or more neutral arbitrators who review evidence, hear testimony, and issue a binding decision. While faster than traditional litigation, arbitration requires thorough preparation and experienced advocacy.
Attorney Cary Stein’s experience with more than 500 UM arbitrations means we know exactly how to build a persuasive case. We gather medical records, document your damages, retain expert witnesses when necessary, and present your claim in the most compelling way possible.
Underinsured Motorist Claims: When Their Coverage Is Not Enough
Sometimes the at-fault driver has insurance, but their policy limits are too low to cover your damages. This is where underinsured motorist (UIM) coverage applies. If your medical bills total $150,000 but the at-fault driver only has $25,000 in coverage, your UIM policy can make up the difference, up to your policy limits.
Illinois law requires UIM coverage for drivers who purchase UM limits higher than the state minimum. This is one reason we recommend carrying higher UM/UIM limits than the minimum required. The additional premium is typically modest, but the protection it provides in a serious accident can be substantial.
Get Help With Your Uninsured Motorist Claim Today
Do not let an uninsured driver’s negligence leave you without compensation. At Stein & Shulman, LLC, we have the expertise to handle even the most complex UM and UIM claims. Our proven track record includes millions of dollars recovered for clients throughout the Chicago area. Contact us today for a free consultation to discuss your case and learn how we can help you pursue the compensation you deserve.
Frequently Asked Questions
Does UM coverage apply if I was a passenger in someone else’s vehicle?
Yes. If you were a passenger in a vehicle hit by an uninsured driver, you may file a claim against the driver’s UM coverage, your own UM policy, or a household member’s policy. Multiple sources of coverage may be available depending on your situation.
Can I sue an uninsured driver directly for my injuries?
You can file a lawsuit against an uninsured driver, but collecting a judgment may be difficult if they have no assets or insurance. Filing a UM claim with your own insurer is often more practical because your insurance company has the resources to pay your claim, even if the at-fault driver does not.
What if my injuries exceed my UM coverage limits?
Additional coverage sources may be available, including umbrella policies or coverage stacking from multiple vehicles on your policy. However, policies may contain anti-stacking provisions. An attorney can review your complete insurance situation to identify all possible sources of compensation for your injuries.
