Uninsured Motorist Coverage Is Your First Line of Defense
Illinois requires every driver to carry minimum liability insurance, but when a driver is uninsured, the state's uninsured motorist (UM) coverage in your own policy steps in. If you have UM bodily injury limits, your insurer will pay for medical expenses, lost wages, and pain‑and‑suffering up to those limits, regardless of the other driver's fault.
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Filing a Claim with Your Insurer
Contact your insurance company promptly and provide the police report, photos, and medical records. Your insurer will investigate, then either settle within your policy limits or deny the claim if coverage is insufficient. A denial triggers the next steps.
Suing the Uninsured Driver Directly
You can file a civil lawsuit against the driver who hit you. Even without insurance, a judgment can be collected through wage garnishment, bank levies, or a lien on the driver's assets. Success depends on the driver's ability to pay; many uninsured motorists lack sufficient assets, making recovery uncertain.
Illinois' Uninsured Motorist Fund
If you lack UM coverage or the driver's assets are inadequate, Illinois offers a state‑run Uninsured Motorist Fund. The fund provides limited compensation for medical costs and lost earnings, but eligibility requires proof that you exhausted all other avenues and that the at‑fault driver was truly uninsured.
Comparing Your Recovery Paths
| Option | Potential Payout | Ease of Recovery |
|---|---|---|
| Your UM Coverage | Up to your policy limits | Fast, insurer‑handled |
| Civil Lawsuit | Judgment amount (unlimited) | Complex, depends on driver's assets |
| State UM Fund | Limited, case‑by‑case | Requires proof of exhaustion of other options |
Practical Steps After an Uninsured Hit
- Call police and obtain a crash report.
- Document injuries, vehicle damage, and the driver's lack of insurance.
- Notify your insurer to start a UM claim.
- Consult an attorney to assess the viability of a lawsuit or fund application.
- Keep detailed records of all medical treatments and expenses.