Whose insurance pays in a car accident in Illinois?
In Illinois, the insurance company insuring the party at fault for the accident compensates the injured party. There are exceptions. If the party at fault is uninsured or underinsured, then your insurance company may contribute to your damages. Insurance coverage is complicated. You need experienced counsel to represent you in a car accident claim. Our Chicago Car Accident Lawyers have over 45 years of combined experience on which you can rely to be sure you get the result you deserve.
Illinois has strict car insurance laws. As a car owner in Illinois, you must have liability insurance, uninsurance, and underinsurance coverage. Each coverage must have the minimum amount imposed by law. For liability insurance, a car owner must have $25,000 coverage for an individual and $50,000 per incident. The minimum requirements are the same for uninsurance and underinsurance. Additionally, each policy must have $20,000 minimum coverage for property damage. You have the opportunity to purchase additional coverage that exceeds the minimum requirements under the law.
The other driver’s insurance company can defend against your claim by arguing you were at fault for the crash. They can deny your claim. Your attorney will fight on your behalf to show that you were not at fault for the crash. This requires investigation into the facts leading up to the accident. The other driver could claim they had the right of way when you entered the intersection at which the accident occurred. You could claim the contrary. However, a thorough investigation might reveal that the other driver was operating while distracted. Perhaps they were looking at a cell phone, texting, or playing with the car radio.
Some scenarios might require your insurance company to offer you compensation depending on your insurance contract. If the medical bills you accumulated because of the accident exceed the coverage limits of the other person’s insurance, then you can look to your insurance policy for indemnification. However, if your underinsurance coverage is equal to or less than the amount the other driver has, then your company can deny your underinsurance coverage.
Your insurance company has an obligation to pay for your damages if the other driver was uninsured. Uninsurance coverage is part of compulsory car insurance in Illinois. Having uninsurance coverage will protect you if the car that struck you does not have a valid insurance policy in effect at the time of the crash. Additionally, uninsurance coverage will compensate you for your loss if you were involved in a hit and run accident. Uninsurance would cover your loss if the person who hit you was never identified. It would be patently unfair for you to suffer injuries in a hit-and-run accident and not receive compensation because the person took off. Unfortunately, some insurance companies will impose a surcharge on your policy for covering your damages.
Stein & Shulman Will Help You Navigate The Murky Waters Of Insurance Coverage
The Chicago car accident attorneys with Stein & Shulman have vast experience successfully representing their clients in car accident claims. Make an appointment today with Stein & Shulman today by calling 312.422.0500. Remember that the time to file a claim in limited. Delaying action can irreparably damage your claim so call today.