Table of Contents
Key Takeaways
- Your own policy is usually the first place to look. Illinois auto policies must include uninsured motorist bodily injury coverage of at least $25,000 per person and $50,000 per accident, and it also applies to qualifying hit-and-run crashes.
- "I don't have insurance" isn't the end of the story. The vehicle owner's policy, an employer's insurance, or another responsible party may still apply, and you can pursue a claim against the uninsured driver personally.
- Your own insurer won't automatically pay fairly. It can dispute fault, causation, and the value of your damages. Under Illinois's modified comparative negligence rule, you can't recover if you're more than 50% at fault.
- Don't rely on the general 2-year deadline. UM/UIM policies can set their own shorter notice, arbitration, or legal-action deadlines, so have your policy reviewed soon after the crash.
If the driver who caused your accident does not have insurance, you may still be able to recover compensation. In Illinois, your own uninsured motorist coverage can usually provide compensation for injuries caused by an uninsured or hit-and-run driver. Other coverage may help with vehicle damage and medical expenses.
The important thing is not to assume there is no way to recover simply because the other driver broke the law by driving uninsured.
At Conboy Law, we help people injured in Chicago car accidents identify every available source of insurance and compensation. If you were hit by an uninsured driver, call 312-726-9000 for a free consultation.
Your case. Your future. Our full commitment.
Who Pays When the At-Fault Driver Has No Insurance?
Usually, the first place to look is your own auto insurance policy.
Illinois requires auto policies to include uninsured motorist bodily injury coverage with minimum limits of $25,000 per person and $50,000 per accident. This coverage protects insured people who are legally entitled to recover damages from uninsured and hit-and-run drivers.
Depending on your policy and the accident, several types of coverage could become relevant:
- Uninsured motorist bodily injury coverage for injuries caused by an uninsured driver
- Collision coverage for damage to your vehicle
- Medical payments coverage for certain medical expenses
- Uninsured motorist property damage coverage, if purchased
- Health insurance for medical treatment
Which coverage should be used depends on what happened and the terms of your policy.
What Should You Do After an Accident With an Uninsured Driver?
Finding out that the other driver has no insurance can change how your claim proceeds. Take several steps early to protect your options.
1. Call the Police
Report the crash and ask for an accident report. The report can document the drivers and vehicles involved, insurance information provided at the scene, witnesses, and other important details.
2. Get Medical Treatment
Do not delay necessary medical care while trying to figure out who will pay. Keep copies of bills, medical records, prescriptions, and documentation showing how your injuries affect your work and daily activities.
3. Collect the Other Driver’s Information
Get their:
- Name and address
- Driver’s license information
- License plate number
- Vehicle information
- Insurance information, if they provide any
- Employer information if they were working when the crash happened
A driver saying “I don't have insurance” does not necessarily end the investigation.
4. Notify Your Own Insurance Company
Tell your insurer about the crash promptly, particularly if you may need to make an uninsured motorist claim. Before giving a detailed recorded statement or signing broad authorizations, consider having an attorney review what your insurer is requesting.
5. Get a Copy of Your Insurance Policy
Your declarations page can show your UM/UIM limits, collision coverage, MedPay coverage, and other protections. The full policy is also important because it contains notice requirements, exclusions, conditions, and claim procedures.
How Do You Know the Other Driver Is Really Uninsured?
Do not rely solely on what the driver said at the accident scene.
A driver who personally lacks insurance may have been using a vehicle covered under someone else's policy. An employer's insurance might apply if the driver was working. A policy that initially appears inactive may also require further investigation.
Illinois law also creates certain rules for establishing uninsured status. Under Section 143a of the Illinois Insurance Code, failure to provide required information to the state's Safety Responsibility Section within the statutory period can create a rebuttable presumption relating to whether the motorist was uninsured.
An attorney can investigate available policies before assuming your own UM coverage is the only source of recovery.
What Does Uninsured Motorist Coverage Pay For?
Uninsured motorist bodily injury coverage generally addresses losses arising from physical injuries rather than automatically covering everything related to the accident.
Depending on the claim, recoverable damages may include:
- Medical expenses
- Future medical care supported by the evidence
- Lost wages
- Reduced earning ability
- Pain and suffering
- Disability
- Disfigurement
You still need to establish the other driver's fault, your injuries, and the amount of your damages.
Your own insurer does not simply pay your policy limits because the other driver was uninsured.
Who Pays for Damage to Your Car?
Vehicle damage is handled differently from bodily injury.
If you purchased collision coverage, you may be able to make a claim through your own insurer, subject to your deductible and policy terms.
Illinois insurers must also make uninsured motorist property damage coverage available. The coverage can be subject to a deductible of up to $250 and other statutory and policy requirements. Importantly, Illinois law limits this coverage when the at-fault vehicle cannot be identified.
That distinction can matter significantly after a hit-and-run.
What If the Other Driver Has Insurance, but It Is Not Enough?
That is an underinsured motorist, or UIM, situation rather than an uninsured motorist claim.
Illinois requires drivers to carry at least:
- $25,000 in bodily injury liability coverage per person
- $50,000 per accident for bodily injury
- $20,000 for property damage
Those limits can be exhausted quickly in a serious collision.
Underinsured motorist coverage can provide additional protection when the at-fault driver's applicable liability coverage is lower than your UIM limits. Illinois requires UIM coverage when uninsured motorist limits exceed the statutory minimum.
Do not settle with the other driver's insurer before checking whether doing so could affect an underinsured motorist claim.
Can You Sue a Driver Who Has No Insurance?
Yes. Lack of insurance does not remove the driver's personal responsibility for causing an accident. You can potentially pursue a personal injury claim directly against an uninsured driver.
The practical question is whether the driver has income or assets from which a judgment can realistically be collected. Someone who does not carry required auto insurance may also have limited financial resources.
That does not mean a lawsuit should automatically be ruled out. An attorney can investigate the circumstances before deciding whether direct recovery makes sense.
Could Someone Else Be Responsible for the Accident?
Sometimes. Do not stop the investigation simply because the person behind the wheel was uninsured.
Depending on the circumstances, another potentially responsible party might include:
- The driver's employer
- The owner of the vehicle
- Another negligent driver
- A business responsible for a dangerous vehicle condition
- A government entity responsible for certain roadway hazards
For example, if an uninsured driver caused the crash while performing work duties, insurance carried by an employer may become important. Identifying additional defendants can be especially valuable when injuries are serious, and the uninsured driver has few assets.
We treat your case like it’s our own
What If It Was a Hit-and-Run?
Illinois uninsured motorist bodily injury coverage also protects people injured by qualifying hit-and-run vehicles.
After a hit-and-run:
- Call the police immediately
- Record as much information about the vehicle as possible
- Photograph the scene
- Look for nearby security or traffic cameras
- Get witness contact information
- Notify your insurer promptly
Video footage can disappear quickly, so early investigation may make a substantial difference.
What If You Were a Passenger?
You may still have uninsured motorist coverage available even though you were not driving. Possible coverage can come from the policy covering the vehicle you occupied, your own policy, or another applicable household policy, depending on the circumstances and policy language. Do not assume that being a passenger prevents you from filing a claim.
Will Your Own Insurance Company Automatically Pay Fairly?
Not necessarily. Once you make an uninsured motorist claim, your insurer evaluates issues such as:
- Who caused the accident
- Whether you share any fault
- Whether your injuries resulted from the crash
- Whether your medical treatment was reasonable
- How much your damages are worth
- Whether the policy covers the loss
In other words, even though it is your insurance company, its financial interests are not necessarily the same as yours. Disputes involving Illinois uninsured motorist coverage are generally subject to arbitration procedures required by state law and the policy.
Does Comparative Fault Apply to an Uninsured Motorist Claim?
Fault still matters.
Illinois follows modified comparative negligence. Under state law, you are barred from recovering if you are more than 50% responsible for the injury. If you are 50% or less at fault, your damages are reduced according to your percentage of responsibility.
For example, if your damages are $100,000 and you are found 20% responsible, your recoverable damages may be reduced to $80,000, subject to applicable insurance limits and other rules.
Your own insurer can dispute fault just as another driver's insurance company could.
How Long Do You Have to Make a Claim?
Do not assume you have unlimited time because you are dealing with your own insurer. Illinois generally gives an injured person two years to bring a personal injury action.
However, uninsured and underinsured motorist claims involve insurance contracts that can contain their own notice, arbitration, or legal-action deadlines. The Illinois State Bar Association has specifically warned that contractual limitations can affect UM/UIM claims.
The safest approach is to have the policy reviewed soon after the accident rather than calculating the deadline from a general rule.
Frequently Asked Questions
It depends on the coverage you use. Collision coverage often has a deductible, while other coverages have different rules.
Illinois UM bodily injury coverage includes qualifying hit-and-run accidents. Property damage coverage follows different rules.
Possibly. You may still have bodily injury coverage through UM insurance, and uninsured motorist property damage or another source may apply depending on your policy and the facts.
The vehicle owner's insurance may potentially apply. Coverage should be investigated before treating the driver as completely uninsured.
You should understand the extent of your injuries, available coverage, and what rights the settlement releases before accepting it.
Get clarity, confidence, and powerful representation.
Talk to Conboy Law After an Accident With an Uninsured Driver
Finding out that the driver who caused your crash has no insurance does not necessarily mean you have to pay for everything yourself.
The next step is to determine what insurance actually applies. That may include uninsured motorist coverage, collision coverage, MedPay, another vehicle owner's policy, an employer's policy, or another source of compensation.
Conboy Law helps people injured in Chicago car accidents investigate available coverage, document their losses, and deal with insurance companies after crashes involving uninsured drivers.
If you are wondering what happens when the other driver doesn't have insurance, call Conboy Law at 312-726-9000 for a free consultation.
Joseph M. Conboy is the founding attorney of Conboy Law and represents victims and families in serious personal injury, medical malpractice, and wrongful death cases throughout Illinois. He has obtained numerous multi-million-dollar results and has been recognized by Super Lawyers as a Rising Star. As the firm’s primary litigator, he works closely with clients to build strategies tailored to the facts of each case.
