When another driver causes a crash and speeds away, the situation can feel impossible. You are hurt, shaken, and left with no name, no insurance information, and no clear path forward. What you may not know is that being left at the scene does not mean being left without options.
At the Chicagoland law firm of Levin, Riback & Adelman, we work with people across Illinois who have been injured in hit-and-run crashes. We are here to help you sort through what happened, explain what your coverage may allow, and advise you regarding what steps to take to obtain compensation.
Whether your crash happened on the Dan Ryan Expressway during rush hour, on a residential street in Logan Square, or at a busy intersection near Millennium Park, contacting an experienced motor vehicle accident attorney early on can make a big difference in your financial future and mental wellbeing.
Many people assume that if the driver got away after a hit-and-run accident there are no legal options. However, that is not necessarily true.
Illinois requires auto insurance policies to include Uninsured Motorist Bodily Injury (UM) Coverage. UM coverage is designed to step in when the at-fault driver cannot be identified or does not have insurance.
In a hit-and-run situation, your own policy may be the primary source of compensation for your injuries, even though you did nothing wrong. This coverage can apply to medical expenses, lost wages, and pain and suffering, though it typically does not extend to vehicle damage. For that, collision coverage, if you have it, may apply.
If law enforcement is able to identify the driver later, you may have more options. At that point, a personal injury claim against that driver’s insurance, or against the driver directly, is possible. Courts in Illinois treat leaving the scene of an injury accident as a criminal matter, and that conduct can become relevant to the civil case as well.
Report the accident to your own insurance company promptly. Many policies require notification within a short window after a hit-and-run, and failing to do so could affect your ability to make a UM claim.
Contact a skilled accident attorney. Illinois generally gives injury victims two years from the date of the crash to file a personal injury lawsuit. For uninsured motorist claims, there is also typically a two-year window, although your specific policy language may impose additional requirements. Missing these deadlines can mean losing the right to recover anything at all.
And the clock does not just run on legal filings. Evidence disappears quickly. Surveillance footage from businesses near the crash site, traffic cameras along corridors like Lake Shore Drive or the Eisenhower Expressway, and witness memories all fade fast. Skid marks on the pavement, debris patterns, and physical evidence at the scene may be gone within days.
This is often the first question people have, and it is a fair one. Medical bills, missed work, and ongoing pain do not stop just because a driver fled the scene. While no attorney can promise a specific outcome, understanding what you may be owed is a good place to start.
In a hit-and-run injury claim, the types of compensation that may be available generally include:
What a case is worth depends on the specific facts. The severity of your injuries, the auto insurance coverage available, whether the driver is ever identified, and how your recovery progresses all play a role.
Hit-and-run crashes make one thing clear in a hurry: the insurance coverage you have at the time of the accident matters enormously. Most people carry enough liability insurance to protect themselves if they are sued. Far fewer carry enough coverage to protect themselves if they are the ones who get hurt.
In Illinois, there are two types of coverage that are especially important for anyone who is injured by a driver who cannot be held directly accountable:
Every Illinois auto liability policy issued must include UM coverage. The current statutory minimum is $25,000 per person and $50,000 per accident. Those limits are woefully inadequate if the accident victim suffers a serious injury. A single emergency room visit can easily exceed $25,000, quickly exhausting a seriously injured person’s UM coverage, leaving nothing for lost wages, ongoing care, and pain and suffering.
Experts recommend purchasing far more UM and UIM than the minimum. Attorneys and consumer advocates typically recommend limits of at least $100,000 per person and $300,000 per accident ($100,000/$300,000). This can help protect victims against the losses suffered in serious crashes. At Levin, Riback & Adelman, we commonly talk with people about what levels of coverage they should have because we see what accident victims often need.
The amount you can recover is capped at your UM policy limits, regardless of how serious your injuries are or how high your actual losses climb. If the driver is eventually identified but carries only minimum liability coverage, your UIM coverage can step in to bridge the gap between what their policy pays and what your losses include, up to your own UIM limits.
Your insurance declarations page lists your current UM and UIM limits. If those limits are at or near the statutory minimum, talk to your insurance agent about the cost of increasing them. The premium difference between the required minimum and $100,000/$300,000 coverage is often modest, and the financial protection that higher limits provide can be substantial. Illinois law also does not allow your UM limits to exceed your liability limits, so increasing both together is generally the approach.
If you were injured in a hit-and-run and are uncertain what your current coverage provides, we will review your policy and help you understand what compensation may be available to you under your existing limits.
In a standard car accident, there is a known at-fault driver, an insurance company to contact, and a relatively clear path to a claim. Hit-and-run cases remove that structure.
The at-fault party may be unknown. The insurance avenue may run through your own policy rather than theirs. And because the driver is not present to give their version of events, building the factual record falls entirely on you and whoever is working on your case.
A few things that tend to make these cases more complex:
This is why hit-and-run cases often benefit from the same careful attention as any other serious personal injury matter. Our attorneys at Levin, Riback & Adelman approach these cases with the same thoroughness we bring to any injury claim.
One thing that surprises people is how much evidence may exist even when a driver flees. Illinois cities and suburbs are covered in cameras. Traffic signals along major corridors, business security systems, and residential doorbell cameras along streets in neighborhoods like Wicker Park, Hyde Park, or Pilsen may have captured the fleeing vehicle.
Other evidence sources that may be relevant:
An attorney working your case can coordinate with investigators, request camera footage before it is overwritten, and work to build the most complete record possible.
Not every hit-and-run involves a private driver. Delivery trucks, rideshare vehicles, and commercial carriers operate throughout Chicago and across Illinois, and their drivers are not immune to fleeing the scene.
When a commercial vehicle is involved, the case may become more complex. There could be an employer, a fleet insurer, or a trucking company that carries liability for the driver’s actions. Identifying the vehicle through fleet markings, route records, or GPS data could open additional avenues for compensation beyond a standard uninsured motorist claim.
In Illinois, leaving the scene of an accident involving injury is a serious criminal offense, not just a traffic violation. Depending on the circumstances, it can be charged as a felony. Drivers who flee and are later identified may face criminal prosecution, license revocation, and civil liability.
That criminal process is separate from your personal injury claim, but it is not irrelevant. A criminal conviction or guilty plea by the driver can be relevant information in a civil case.
Illinois law requires drivers involved in accidents to stop, remain at the scene, provide identifying information, and offer assistance to anyone injured. A driver who does none of that has violated multiple legal duties, and those violations may strengthen a civil claim if the driver is eventually found.
A lawyer can help in several ways when the at-fault driver has not been identified. An attorney can help you understand your own insurance policy and what your UM coverage provides. Policy language can be dense and confusing, and insurers do not always volunteer the full extent of what you may be owed.
Beyond the policy review, legal representation can help with:
Our team at Levin, Riback & Adelman will review what happened with you, explain your insurance coverage, and help you understand your options. You can review our case results to see outcomes we have secured for injured clients. Contact the law firm of Levin, Riback & Adelman to discuss your situation. Our Chicago law office handles personal injury matters across Illinois, including cases involving vehicle accidents, pedestrian injuries, and complex insurance disputes that arise when a driver cannot be identified.
Liability coverage protects other people if you cause a crash. It does not cover your own injuries in a hit-and-run. If you do not have uninsured motorist coverage, your options may be more limited, though an attorney can help you assess what, if anything, may still be available.
You may still be able to file a civil lawsuit against the driver personally, though collecting on a judgment can be difficult if the driver lacks assets. Your own UM/UIM coverage may also still apply in some situations. These cases require a careful review of all available options.
In many cases, yes. Your health insurance may cover medical treatment regardless of how the injury occurred. However, there may be subrogation issues, meaning your health insurer could have a right to be repaid from any settlement you receive. This is another area where legal guidance can help you avoid surprises.
Illinois follows a modified comparative negligence rule. In plain terms, your compensation may be reduced by the percentage of fault attributed to you, but you may still recover something as long as your share of fault does not exceed 50 percent. A hit-and-run complicates this analysis, but it does not automatically eliminate your claim.
If you were injured in a hit-and-run collision, you still have a right to claim compensation through uninsured motorist coverage or third-party claims. Levin, Riback & Adelman, has the skill to assist you in filing a strong personal injury claim. For a free consultation, call 312-782-6717 or message us via our online contact form.
