What to Do When in an Accident with an Uninsured Motorist in Illinois

Illinois law requires every motor vehicle operating in Illinois to have a minimum amount of auto insurance. The minimum insurance the law requires is quite low compared to the soaring rate of medical bills and replacing property. Illinois law states that drivers must have $25,000.00 to cover injuries or death to one person and $50,000.00 of coverage to compensate more than one person injured or killed in an accident. Additionally, Illinois auto insurance policies must have a minimum of $20,000.00 of property coverage. Despite the paltry insurance minimums, which are usually not very expensive for a good driver, many people in Chicago and Illinois take the chance and drive without any insurance coverage. 

What happens if the driver of the car who caused your Chicago car accident does not have auto insurance? Your auto insurer will provide coverage in a first party claim under your policy’s uninsurance coverage. Every auto insurance policy in Illinois must contain uninsurance and underinsurance coverage. Therefore, your insurance company has the contractual obligation to indemnify you against losses caused by an uninsured motorist. If only it were that easy.

Even though you hired your insurance company to protect you if the worst-case scenario happened to you, your auto insurer can, and most likely will, try to reduce the amount of money it pays you for an Illinois uninsured accident. Your insurance company, despite advertising claims made to the contrary, will not fork over your uninsurance policy limits to you merely because you were the victim of an uninsured driver. On the contrary, your insurance company will carefully examine your claim and try to reduce their financial exposure. They could argue with you about whether your medical treatment was necessary or say that the injuries you sustained were caused by another event in your life and not the accident you had with an uninsured motorist in Illinois. 

Hiring an experienced Chicago auto accident attorney will level the playing field with your Illinois auto insurance carrier. 


Stein & Shulman, LLC has over 45 years of combined experienced in Illinois Personal Injury Law. You can receive a free and instant case review by calling our office at 312.422.0500.

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