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Car accidents are stressful, especially when you learn the at-fault driver only has minimum insurance coverage. Many people are surprised by how much insurance actually applies after a crash. The costs from medical bills, lost wages, and vehicle damage can grow fast.
Conboy Law helps people across Illinois understand their rights when the driver is at fault but lacks sufficient coverage. Understanding Illinois law can help you protect yourself, use your own insurance, and take the right steps to recover compensation after an auto accident.
Our experienced Chicago car accident lawyer can review your insurance coverage, explain your options, and handle the insurance company on your behalf. We work to help you seek compensation, reduce stress, and protect your financial future after a serious auto accident.
Illinois has clear insurance laws that govern how fault and payment are determined after a vehicle accident. These rules affect which insurance company pays, how much coverage applies, and what happens when damages exceed policy limits.
Illinois is an at-fault state, not a no-fault state. This means the at-fault driver is responsible for paying damages. The other driver’s insurance company must cover losses when the at-fault driver caused the crash. Illinois law requires proof that the driver was at fault, such as a police report.
Illinois law requires drivers to carry liability insurance with split limits of 25/50/20. That means $25,000 per person for bodily injury, $50,000 per accident, and $20,000 for property damage. These rules come from 625 ILCS 5/7-203 and 625 ILCS 5/7-601. Drivers must carry proof of auto insurance coverage and show it at the accident scene.
Minimum insurance means the liability limits are low. If your medical expenses, lost wages, or property damage exceed these amounts, the insurance covers only up to those limits. Anything above that becomes your problem unless other coverage applies. This is common in serious car crashes involving injury or death.
The driver’s insurance company pays for bodily injury and property damage up to the insurance limits. Once the coverage limits are reached, the insurance provider will not pay more, even if your losses exceed those limits.
When minimum coverage is not enough, you may need other ways to seek compensation. Illinois allows several options through your own insurance company and the law.
You can file a claim with the other driver’s insurance company. The process is standard, but payment is capped by the liability insurance policy. This often does not cover all financial losses.
Uninsured motorist coverage is required by Illinois law and usually matches your liability limits. Underinsured motorist coverage (UIM) helps when the at-fault driver’s insurance is insufficient. UIM pays the difference between your coverage and the other driver’s policy. UM coverage also applies in hit-and-run accidents.
Illinois uses comparative negligence. If you share fault, your recovery is reduced by your percentage of blame. If you are more than 50% at fault, you cannot recover damages.
Sometimes insurance is not enough, even with UM/UIM coverage. Illinois law allows other legal steps.
You may sue the at-fault party directly. This can allow recovery from the driver’s personal assets, but collection is not always guaranteed. This option is more common when injuries are serious, and insurance limits are too low. It may also apply if the driver has income or property that can help cover your losses.
If you win a case, the court may allow liens, wage garnishment, or asset claims against the vehicle owner or responsible driver. This means money can be taken from wages or property over time. These options are usually used when insurance does not cover all damages. They can help recover unpaid medical bills and other financial losses.
Having only minimum coverage can cause serious problems for the driver who caused the accident.
Drivers may face lawsuits, license suspension, and long-term debt. Illinois law requires drivers to purchase insurance and hold a valid driver’s license.
After an accident, insurance agents often raise premiums. Some drivers again struggle to find affordable automobile insurance policies.
If you are involved in an accident and the coverage is too low, you may need to use your own insurance or pursue options beyond the other insurance company for financial protection.
If the crash involved an uninsured driver or a hit-and-run driver, uninsured motorist property damage coverage may help protect you and cover losses.
Your uninsured motorist claim may apply through your own policy.
Yes, collision coverage and comprehensive coverage may pay for damage to your own vehicle.
Yes, always seek medical treatment after an accident happened.
If you were involved in an auto accident and the at-fault driver had only minimum insurance, you still have options. Conboy Law provides trusted legal services to help you understand insurance coverage, protect your rights, and recover damages.
We review your auto insurance policy, UM/UIM coverage, and all available options to pursue full compensation. Medical payments coverage, lost wages, and physical damage coverage may apply.
Contact us today for a free consultation and let a skilled car accident lawyer help you move forward with confidence.
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.
If you or a loved one has been injured, don’t hesitate to contact our injury attorneys today!
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