Chicago Uninsured Motorist Claims

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founder, Joseph Conboy who has years of legal experience. Our last modified date shows when this page was last reviewed.

Last updated on: March 25, 2025

Joseph Conboy | March 25, 2025
Chicago uninsured motorist claims

Getting into an accident is stressful, especially if the other driver has no insurance. Without coverage, you might worry about how to pay your bills or fix your car. You don’t need to handle this alone. Conboy Law Injury & Medical Malpractice Lawyers helps you deal with uninsured motorist claims.

We understand Illinois law and how uninsured claims work. Our team ensures your rights stay protected. We focus on getting you fair compensation for your injuries and damages. Dealing with your own insurance company can be difficult. But with an experienced lawyer, you gain strong legal support. We guide you step-by-step, clearly explaining your options.

Our goal is to take the stress off your shoulders so you can heal and move forward. Conboy Law Injury & Medical Malpractice Lawyers fights for accident victims, making sure you’re treated fairly by your insurance provider.

Understanding Uninsured Motorist Coverage

Uninsured motorist coverage helps protect you financially. Knowing the details of this coverage is key if you get into a car accident. Some of the important points to help you understand how it works and how it benefits you are:

What Is Uninsured Motorist (UM) Coverage?

Uninsured motorist coverage is part of your automobile insurance policy. It protects you if the other driver in an accident has no liability insurance. This means your own insurance company covers your damages, including medical bills and property damage.

Many drivers don’t carry proper coverage. Without UM coverage, you would have to cover the costs yourself after an accident. Uninsured motorist coverage steps in to ensure you’re not left paying for someone else’s mistake. It covers bodily injury and can also include uninsured motorist property damage, depending on your policy.

This type of insurance provides peace of mind, especially knowing some drivers break Illinois law by driving without insurance. UM coverage is important because you can’t rely on the other driver’s insurance.

Is Uninsured Motorist Coverage Required in Illinois?

Yes, uninsured motorist coverage is required in Illinois. State law makes this coverage mandatory for all drivers. Illinois law requires drivers to carry at least $25,000 per person and $50,000 per accident in UM coverage. This protects you and your passengers if an uninsured or underinsured driver causes a serious accident.

The coverage ensures you have protection when another person has no liability insurance. Even though UM coverage is required, many people still drive without it. Without this required coverage, you risk facing high medical bills and repair costs. UM coverage helps accident victims avoid financial hardship. It’s a key part of your automobile insurance policy designed to safeguard your finances. Understanding this coverage can greatly help if you’re involved in an accident with an uninsured driver.

How Uninsured Motorist Claims Work

Uninsured motorist claims start with filing a claim with your own insurance company. You must prove the other driver had no insurance and was at fault. After the accident, report it immediately to your insurer. Provide details like the other driver’s information, police reports, and medical records.

Your insurance company then investigates your claim to confirm the other driver’s uninsured status. They’ll also look into who was responsible for the accident. Sometimes, proving fault can be challenging. Insurance companies often try to minimize payouts, even for valid claims.

That’s why gathering strong evidence is critical. If your insurer denies your claim or offers a low settlement, you may need a lawyer. They can help negotiate a fair payout or even take your case to court if necessary.

Steps to Take After an Accident with an Uninsured Driver

Steps to take after an accident with an uninsured driver
  1. Call the police: Always call the police after an accident to create an official report.
  2. Get medical attention: Even if you feel okay, see a doctor immediately. Some injuries appear later.
  3. Gather evidence: Collect photos, witness details, and other driver’s information at the scene.
  4. Driving under the influence: Notify your insurance company about the uninsured driver as soon as possible.
  5. Document everything: Keep track of all expenses, medical bills, and communications related to the accident.
  6. Speak with an attorney: A lawyer can help you understand your rights and protect your claim.

Challenges in Uninsured Motorist Claims

Claims involving uninsured drivers come with special challenges. These challenges can make getting fair compensation harder. Being aware of these issues helps you better handle your claim.

Dealing with Insurance Companies

Insurance companies may resist paying out uninsured motorist claims. Your own insurance company becomes your opponent in these cases. They may try to minimize or deny your claim. Their goal is often to protect profits, even if you deserve compensation. They might dispute your injuries and medical costs or blame you partly for the accident.

Dealing with insurers on your own can be stressful and unfair. Having strong documentation helps, but companies can still push back. This makes it hard for accident victims to get a fair payout. Getting an attorney involved can prevent insurers from taking advantage. Lawyers understand insurance tactics and can push back effectively. With professional help, you have a better chance at a fair settlement.

Proving the Uninsured Driver Was at Fault

Proving fault in accidents involving uninsured drivers is tricky. Your insurance company may question the circumstances or blame you partially. Without clear evidence, they might deny your claim. It’s important to gather solid proof that the uninsured driver caused the crash.

Evidence includes police reports, witness statements, and photos from the accident scene. Sometimes, insurers may argue over how the accident happened or downplay your injuries. They might even suggest the accident was your fault. Your claim depends on showing the other driver’s negligence clearly. This process can be frustrating and complicated without help.

Having a lawyer makes proving fault simpler. Attorneys gather the necessary proof and build strong cases to support your claim.

Compensation Available in Uninsured Motorist Claims

Being involved in an uninsured motorist accident is costly. Thankfully, your coverage allows you to claim compensation for various expenses. Understanding what you’re entitled to helps ensure you get all the compensation you deserve.

Medical Expenses and Treatment Costs

Uninsured motorist coverage helps pay medical expenses after an accident. This includes emergency care, hospital stays, and follow-up visits. It also covers physical therapy, medications, and any needed medical equipment.

Your insurance company should pay for all reasonable treatments related to your injuries. Often, insurers dispute medical bills or claim treatments were unnecessary. This can complicate claims. Good record-keeping helps ensure you receive proper coverage. A lawyer can also ensure your medical expenses are fully reimbursed.

Lost Wages and Reduced Earning Capacity

You may miss work after an accident with an uninsured driver. UM coverage can pay for lost wages due to injury recovery. It also covers reduced earning capacity if you can’t work as before. Proving lost income can be challenging. Your insurer may request detailed documentation.

Having records of missed workdays, income statements, and medical notes helps. An attorney can present these clearly, ensuring you receive fair payment for lost income.

Pain and Suffering Damages

UM coverage also allows claims for pain and suffering. These damages account for physical discomfort and emotional stress. Proving pain and suffering can be complex since it’s less tangible than medical bills. Insurers may try to minimize these damages. A competent lawyer helps calculate and prove the full impact of your injuries on your daily life.

How a Lawyer Can Help with an Uninsured Motorist Claim

How a lawyer can help with an uninsured motorist claim

Having legal representation can significantly strengthen your uninsured motorist claim. Lawyers take over many aspects of the claim process, making things easier for you.

Investigating the Accident

Your lawyer thoroughly investigates your accident. They gather critical evidence, review police reports, and talk to witnesses. This ensures your claim has a strong foundation.

Negotiating with Your Insurance Provider

Lawyers handle communication with insurance companies. They negotiate settlements and push for fair compensation, protecting you from unfair treatment.

Filing a Lawsuit If Necessary

If insurers refuse fair settlements, your lawyer files a lawsuit. Legal action often prompts insurance companies to reconsider and offer fairer payouts.

Choosing the Right Chicago Uninsured Motorist Lawyer

Hiring the right lawyer matters greatly in uninsured motorist cases. A good lawyer makes the claims process smoother and helps you get fair compensation.

What to Look for in a Lawyer

Choose a lawyer seasoned with uninsured motorist claims. They should understand Illinois law, communicate clearly, and have proven success in similar cases.

Benefits of Hiring a Local Attorney

  • Local knowledge: Understands local courts and judges.
  • Availability: Your lawyer will be easily accessible to discuss your case.
  • Community reputation: Good relationships can help in negotiation.
  • Personalized attention: More focused and personal service.

FAQs

Uninsured motorist coverage protects you when the at-fault driver has no insurance at all. Underinsured motorist coverage applies when the other driver’s insurance coverage isn’t enough to pay for all your damages. Both coverages protect you financially if you’re involved in an accident with an uninsured or underinsured motorist.

Yes. If the at-fault driver’s insurance isn’t enough, or if they have none, you can file an uninsured or underinsured claim with your own insurance provider. This helps cover your medical bills, lost wages, and other losses.

Generally, filing an underinsured motorist claim won’t raise your premiums. This type of claim happens because the other driver lacks enough liability coverage so it doesn’t reflect negatively on you.

Hiring a lawyer can be very helpful. Insurance companies often dispute these claims to reduce payouts. A lawyer helps you prove that the at-fault driver was responsible and ensures you receive fair compensation.

Check your policy carefully. Illinois requires minimum coverage, but many people find it’s not enough. Consider increasing your insurance coverage to better protect yourself against accidents involving uninsured or underinsured drivers.

Contact a Chicago Uninsured Motorist Lawyer Today

Contact a Chicago uninsured motorist lawyer today

If you’ve been hurt in a car accident and the at-fault driver had no insurance, you need help. Dealing with your own insurance company in these cases can be confusing. Conboy Law Injury & Medical Malpractice Lawyers understands how to handle uninsured or underinsured claims effectively.

Our lawyers fight to make sure you get fair payment for your injuries. We carefully review your insurance coverage and help you understand your legal rights under Illinois law. With our team, you’ll have peace of mind knowing someone experienced is on your side.

We deal directly with your insurance provider and, if needed, can take your claim to court. Don’t face the stress of medical bills and lost income alone. Contact us today to start your claim. We offer a free consultation and can answer your questions clearly. Let us help you get your life back on track.

Joseph Conboy
Founding Attorney

Joseph M. Conboy, founder of Conboy Law, represents victims of catastrophic injuries and wrongful death, securing numerous multi-million-dollar results. Recognized as a Super Lawyers Rising Star (2019–2022), he is a member of the American Association for Justice and Illinois Trial Lawyers Association. Mr. Conboy earned his J.D. from DePaul University and a B.A. in Economics from the University of Colorado.

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