Chicago Uninsured Motorist Lawyer

Even though all Illinois drivers are required to have auto insurance coverage to comply with driving laws, there are still uninsured drivers on the road. In Illinois, 16.3% of motorists are uninsured [1]. 

If you are injured in an accident with an uninsured or underinsured driver, recovering compensation from the at-fault driver’s insurance can be difficult or impossible, as they do not have adequate insurance available to pay your personal injury claim. 

As a trusted uninsured or underinsured motorist claim attorney, Rosenfeld Injury Lawyers has experience working on cases against uninsured drivers. 

Read on to learn more about how to file a personal injury claim if you’re involved in an accident with an uninsured or underinsured motorist, how long you have to do so, and the reasons to work with an uninsured motorist accident attorney from our team. 

Car Insurance Coverage in the State of Illinois

Illinois drivers are legally obligated to carry auto liability insurance coverage of at least $25,000 per incident [2]. This is supposed to include bodily injury coverage and insurance for property damage, medical expenses, and more. 

The Difference Between Uninsured and Underinsured Motorists

The fundamental difference between uninsured and underinsured motorists is that uninsured motorists do not have an auto insurance policy at all, while an underinsured driver has their own insurance policy, but it does not offer enough insurance to pay your full claim. 

Seeking Compensation After an Accident with an Uninsured or Underinsured Motorist

Illinois is not a no-fault state—rather, you file a claim with the insurance policy of the at-fault driver. If the at-fault driver does not have insurance coverage available to pay for your claim, you can sue them personally or file a claim with your own uninsured/underinsured motorist insurance policy. 

Suing the at-fault driver personally may not be effective, as if they didn’t have money to pay for insurance, they likely don’t have enough personal assets to pay a substantial claim. Still, your lawyer may advise you to also file a personal injury claim against them directly—the likelihood of this advice will depend on the specifics of your case. 

Filing a Claim With Your Own Insurance Company

Once you have confirmed that the at-fault driver is an uninsured motorist, you may file a claim with your own insurance coverage under your uninsured motorist insurance. 

There are certain circumstances, such as being involved in a hit-and-run accident or a no-collision case, where you may not have any choice but to file a claim against your own insurance policy since you don’t know who the driver is. A Chicago hit-and-run lawyer from our team can help you decide which steps to take. 

Filing a Third Party Claim

You can file a third-party claim against the other driver’s insurance policy. If their policy covers $25,000 but your expenses are $30,000, you can get $25,000 from their policy and $5,000 from your own underinsured motorist coverage. 

There could be other strategies that your lawyer will recommend for accident victims to receive more compensation through a third-party claim, even if the underinsured motorist option is not available.

The Importance of Hiring an Uninsured Motorist Accident Lawyer

If you are in an accident with an uninsured motorist, you can be left to cover all of the damages. Normally, you could file a claim with their insurance agency, but being uninsured means that there is no insurance company to file with. 

Our uninsured motorist accident lawyers can take action to help you with legal issues, such as negotiating with your insurance company or filing a lawsuit against the other driver to collect compensation for damages. 

Case Eligibility Following a Car Accident Involving an Uninsured Driver

To have a viable lawsuit following a car accident involving an uninsured driver, your case must prove four concepts:

• The uninsured driver had a duty of care to take action to protect others
• The driver neglected their duty of care
• Their negligence caused your damages
• Damages were done to you as a result of the accident

Liability for Cases Involving Uninsured/Underinsured Motorists

In your case, there are two parties that you can file a claim with if you are in an accident with an uninsured motorist. They are as follows:

• The driver through a personal injury lawsuit
• Your own insurance company if you have uninsured motorist coverage

An uninsured or underinsured motorist accident can make the other driver liable for your damages. In a normal car accident where both drivers are insured, they file claims with their insurance companies, and the insurance companies can seek compensation from each other, depending on who is liable. 

Unfortunately, this means that the only person that you can file a lawsuit against after an accident involving an uninsured motorist is that driver. 

This is a problem because most people cannot afford to pay the compensation that the court orders. They can file bankruptcy after the case and avoid paying you what they owe, at least in part. This is one of the reasons why you can benefit from working with an uninsured motorist lawyer: to make sure you get the compensation that you deserve. 

Another option is to file a claim with your insurance company if you have uninsured motorist coverage. Uninsured motorist coverage or underinsured motorist coverage is required in many places, including Illinois. 

Every policy that meets the minimum legal requirements must also include a basic level of uninsured motorist coverage that can help with an accident with an uninsured driver. Filing a claim with your insurer should provide some financial help, and our Chicago personal injury lawyers can help you with that.

Damages an Uninsured Motorist Attorney Can Help You Recover

Your uninsured motorist attorney from Rosenfeld Injury Lawyers files claims for damages on your behalf. The goal of each claim is to represent the impact of damages so that the court can decide how much you should receive. Some of the different types of damages that can be filed include the following:

• Economic damages – these are damages that have a fixed cost. For example, medical bills can be submitted so that you can be reimbursed for their exact costs. 
• Non-economic damages – These are damages without a fixed cost, such as ongoing physical therapy or mental health care. A common example is when the victim is disabled and cannot work. They can file a claim for the estimated amount of lost wages that they missed since they have to retire early. 
• Punitive damages – The judge can issue damages if the at-fault party acted poorly. This can happen when, for example, the uninsured driver has multiple accidents and refuses to get insurance even after they have been ordered to by the court. 

Fatal Car Accidents Involving Uninsured or Underinsured Drivers

When an accident with an uninsured motorist is fatal, the family of the victim can file a wrongful death lawsuit. They can file claims for damages that they suffer because of the accident. Some of the damages that a Chicago wrongful death lawyer from our team can help you recover include the following:

• Loss of consortium
• Final expenses
• Loss of household income and support
• Pain and suffering

What to Do Following an Accident with an Uninsured or Underinsured Motorist

If you are in an accident with an uninsured motorist, there are several things that you should do in order to maximize your ability to successfully file a claim:

• Get medical attention
• Contact the police  
• Contact a Chicago uninsured and underinsured motorist lawyer
• File a claim with your insurance provider

By law, you are responsible for seeking medical attention for anyone involved in the accident, and you should do this first. However, it is also important that you discuss your case with a lawyer as soon as possible. If you don’t, you may lose your chance to do so at all. 

The Time Limit to Take Legal Action After an Accident Involving an Uninsured or Underinsured Driver

There is a limit to how long you have after the accident to file your case. Under Illinois law, this limit is two years from the day of the accident. If you fail to have your case filed in time, then you lose your ability to do so at all. 

Why Hire Our Chicago Uninsured Motorist Lawyers

The uninsured motorist lawyer that you choose makes a difference in the outcome of your case. Choose the legal team at Rosenfeld Injury Lawyers to take your case. We have years of experience representing clients in similar situations to yours, with a proven record of winning cases. 

Below are all the ways we can help with your claim.

Evidence Collection to Support Your Underinsured or Uninsured Car Accident Case

Every case is built on evidence, and having better evidence raises your chances of winning. At Rosenfeld Injury Lawyers, we focus on collecting the right evidence to support your case. That means finding police reports, medical records, and witness statements. We even work with expert witnesses who can provide information to make your case stronger. 

Calculating Damages to Help You Recover Compensation

While there are no go-to settlement amounts for uninsured and underinsured motorist claims, the legal team at Rosenfeld Injury Lawyers has been successful in recovering substantial settlements for our clients seeking compensation. 

In one case, we secured $2.5 million in an underinsured motorist settlement for a passenger who was seriously injured in a rollover crash.

There are multiple factors that influence settlement size, including the severity of your injuries and the extent of your losses. For instance, if you racked up substantial amounts of medical bills related to your injuries, you are more likely to see a larger settlement than a case with fewer medical expenses.

Insurance Company Negotiations

Never accept the first settlement offer that an auto insurance company offers you, especially for third-party claims. To mitigate its own expenses, an auto insurance company will offer the least amount possible to see if you will accept it. 

Before accepting any settlement offer, have a Chicago uninsured and underinsured motorist attorney from our team review it and negotiate for more money. 

Taking Your Case to Trial

In most cases, your uninsured and underinsured motorist lawsuit will not make its way into the court system. Instead, your UM lawyer settles it out of court. In the rare instances where going to court is necessary to secure maximum compensation, our legal team will lead the entire process, including building a strong case and presenting it to the judge.

Contact a Chicago Uninsured Motorist Attorney Today!

We work on a contingency fee basis. You don’t need to pay anything up-front for our assistance with your case. You only pay us if and when we win a settlement or jury award. If we don’t get you a settlement, you don’t owe us anything for our help. 

Contact an uninsured/underinsured motorist claim lawyer at Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757. Someone is available to answer your call 24 hours a day. 

We also serve clients from Buffalo Grove, Chicago, Naperville, Rockford  and throughout Illinois.

Resources: [1] Insurance Information Institute, [2] Illinois General Assembly