Chicago Personal Injury Lawyer
Award-Winning Chicago Personal Injury Lawyer - Securing Justice
for Illinois Injury Victims - Over $450 Million Recovered
Chicago Uninsured/Underinsured Motorist Accident Lawyer
Seek Justice and Fair Compensation for Car Accidents Involving Uninsured and Underinsured Drivers
Getting struck by an uninsured or underinsured driver while driving along Lake Shore Drive or Lower Wacker can not only be frustrating but also terrifying. A Chicago uninsured/underinsured motorist accident lawyer from Rosenfeld Injury Lawyers is here to support you, handling negotiations with your uninsured or underinsured motorist policy to recover maximum compensation.
Contact us today for a free consultation about your insurance coverage.
Uninsured Motorist Claim Settlements Recovered by Our Chicago Law Firm
$925,000: Al, a motorcyclist, was driving near the University of Chicago when he was hit by a sedan, causing multiple leg fractures. The responsible driver had low coverage limits that would not cover his medical bills, so we made an underinsured motorist claim with his automobile insurance policy to meet his needs.
$449,000: Rosa suffered injuries to her face and teeth after an uninsured motorist accident on Michigan Avenue. A Chicago car accident attorney from our firm negotiated a fair settlement with her insurance policy so she could receive reconstructive dental work.
$250,000: Hannah was driving her children to a daycare along Halsted Street when she was in an accident with an uninsured motorist, who drove off. We secured medical care payments from her uninsured motorist policy. When a negligent driver leaves the scene after causing a crash, victims may need assistance from a Chicago Hit And Run Lawyer to identify the responsible party and pursue all available sources of compensation.
What Is the Average Payout for Illinois Accidents Involving Uninsured and Underinsured Motorists?
The average payout for uninsured or underinsured motorist claims is $2,665,416. Your compensation depends on available evidence, liability, and your own insurance company’s policy limits.
Common damages awarded to injured victims for an uninsured or underinsured claim include past and future medical expenses, lost wages, physical pain and suffering, emotional distress, and loss of normal life. Our attorneys will demonstrate these damages through evidence like police reports, medical records, witness reports, surveillance footage, and expert testimony.
If the car crash resulted in wrongful death, then our car accident lawyers can also seek compensation for medical bills prior to death, funeral and burial expenses, loss of financial support, and loss of companionship.
Example Cases
Tara Joe, 19, was a passenger in a vehicle driven by her boyfriend, Darrin Moy. While driving through Chicago, Moy lost control of the vehicle and hit a utility pole, killing Joe. Her father filed a personal injury lawsuit against Moy and also claimed his own insurance policy, using his underinsured motorist coverage. The insurance carrier settled during arbitration for $2,750,000.00.
Lawrence Konieczka, 38, was driving along Illinois State Highway 294 in Chicago when Sarah Simonetta rear-ended him with enough force to break his chair from its fastening. He suffered multiple serious injuries, including back injuries that required surgery. Simonetta’s auto insurance paid for part of the damages, while Konieczka’s underinsured motorist insurance coverage paid the rest. High-impact rear-end crashes caused by excessive speed may also involve claims typically handled by a Chicago Speeding Car Accident Lawyer, particularly when velocity increases injury severity. Ultimately, Konieczka received $100,000.00.
Lincoln Dembry, 45, was driving along 80th Street in Chicago when he was violently T-boned by a vehicle that drove through a red light. He was killed in the collision. His son then sued Linda Brown and James Wade, the vehicle’s owners, for negligence. However, it was then found that the vehicle was stolen, and that neither Brown nor Wade was in possession of the car. Dembry’s estate made an uninsured claim against their insurance company and was awarded $20,000.00. Crashes involving multiple vehicles and unclear ownership often require guidance from a Chicago Multi-Vehicle Accident Lawyer to untangle liability and insurance coverage issues.
What Laws Govern Accidents Involving Uninsured or Underinsured Motorists in Chicago?
Illinois law requires every driver to have insurance coverage (625 ILCS 5/7-601). Accidents involving younger or inexperienced drivers raise additional concerns, and families may benefit from guidance from a Chicago Teen Driver Accident Lawyer when coverage disputes arise. Current minimum coverage is $25,000 per person or $50,000 per motor vehicle accident in bodily injury and $20,000 in property damage.
Unfortunately, a 2023 study by the Insurance Research Council found that 15.2% of all motorists in Illinois are uninsured drivers. The number of uninsured drivers has been steadily rising since 2019, when only 11.6% of drivers nationwide did not have insurance.
As such, the law also requires you to carry uninsured motorist coverage (215 ILCS 5/143a). This enables you to seek compensation from your own insurance policy after a serious car accident.
There are exemptions for claims if a household or family member was the negligent driver. In other words, if a relative was driving your car and caused an auto accident, you will have to make a personal injury claim against them. Our uninsured motorist lawyers can handle these negotiations on your behalf.
If the other driver’s insurance policy is insufficient to cover your medical bills, then you can purchase underinsured coverage. You will first make a claim to the other driver’s policy. If the limit is not high enough for your damages, then your own policy will pay the difference.
Underinsured insurance coverage is not automatically required in Illinois unless you purchase higher limits of uninsured motorist coverage (215 ILCS 5/143a-2).
Determining liability is a key element of deciding how to make a claim. The Illinois Supreme Court case Alvis v. Ribarestablished modified comparative negligence (735 ILCS 5/2-1116). This means that in car accident cases, every person is assigned a part of the blame. If the injured person is less than 50% responsible, they can sue for damages. However, their compensation will be reduced by their percentage of blame. When automated driving features or advanced vehicle technology are involved, a Chicago Self-Driving Car Accident Attorney may be needed to evaluate liability beyond the actions of a human driver.
Potentially liable parties in these claims include the other driver, pedestrians, vehicle manufacturers, auto repair shops, or bars and liquor stores if the driver was intoxicated, in which case a Chicago Drunk Driving Accident Attorney may pursue claims under Illinois dram shop laws.
The case Lebron v. Gottlieb Memorial Hospital removed caps on non-economic damages, meaning that court systems can award any sum that they feel is fit.
How Long Do Chicago Accident Victims Have to Recover Compensation?
The Illinois statute of limitations for personal injury is two years (735 ILCS 5/13-202). Additionally, the Illinois Wrongful Death Act enables the next of kin to sue for damages within two years of the person’s passing (740 ILCS 180/).
While this may seem like a long time, negotiations with the negligent driver’s insurance company can take months or years. Additionally, vital evidence like cell phone records or dash cam footage can quickly be lost or destroyed.
As such, it’s crucial that you contact our skilled car accident attorneys as soon as possible for a free case review. We work on a contingency fee basis, meaning there is no cost or obligation to explore your legal options.
Book a Free Consultation to Explore Your Legal Options Following a Car or Truck Accident
A Chicago personal injury attorney is here to support you through your recovery after a car accident. Our team has over 100 years of combined legal experience in cases like yours, having secured over $450 million in settlements and positive verdicts. We will gather evidence, talk to witnesses, and negotiate with insurance companies on your behalf so that you can focus on your healing process.
We work on a contingency fee basis: no fees unless we win. Contact us at (888) 424-5757 or use our online contact form to schedule a free consultation with an experienced underinsured motorist attorney.
Sources: Law.com
Specific Cases We Handle