Were you in a car accident in the Chicago area? In the blink of an eye, your normal priorities have changed to worries about pain, medical bills, and missed work. If the driver who hit you is uninsured or underinsured, the situation is much more difficult.
At the law office of Levin, Riback & Adelman, our experienced personal injury attorneys work with vehicle accident victims across Illinois who find themselves in situations involving inadequate insurance coverage. Uninsured motorist (UM) and underinsured motorist (UIM) claims can be complicated. Many people fail to carry adequate UM and UIM coverage, so insurance companies push back when claims are made. Our law firm’s lawyers know what it takes to obtain sufficient compensation when the at-fault driver left you with no coverage to tap.
Most people assume their car insurance protects them in any accident. The reality is more complicated. Standard auto liability insurance is designed to pay for injuries and damage you cause to someone else. It protects you when you are being sued. It is far less useful when you are the one who needs to sue someone for your injuries, particularly when that person has no insurance or coverage that is inadequate to recoup you for your losses.
Uninsured Motorist (UM) Bodily Injury coverage is used to cover the costs associated with your injuries caused by a hit-and-run driver or an at-fault driver who has no automobile liability insurance. In other words, UM coverage is the part of your own policy that steps in when the person who hurt you cannot pay.
Currently, Illinois uninsured motorist bodily injury minimums are $25,000 per person and $50,000 per accident. If you are seriously injured in a collision, that $25,000 will disappear quickly. A single emergency room visit or a short hospital stay can quickly exhaust what your insurance company will pay. Lost income, ongoing physical therapy, and long-term care are not even in the picture yet.
Underinsured Motorist Bodily Injury (UIM) coverage pays the difference between your UIM limits and the liability limits of the at-fault driver, if their coverage is lower than your UIM limits. For example, if a driver who caused your accident carried the state minimum of $25,000 and your losses total $90,000, UIM coverage could potentially make up the gap, up to your own policy limits.
People shopping for auto insurance online often click through coverage options quickly, accepting whatever defaults are pre-selected. This leads most vehicle owners to purchase only the minimum. It’s easy to do because insurance agents don’t explain how it works if you are the injured person. Many do not realize what they agreed to until they need to file a claim.
UM and UIM coverage are typically bundled together in Illinois auto insurance policies. If you bought only the minimum UM limits, you likely do not have sufficient UIM protection either.
Think about how standard auto insurance works. Your bodily injury liability coverage protects other people when you cause an accident. Your own UM and UIM coverage protects you when someone else causes one. Those two sides of the policy are not equal in how insurers handle them.
Insurance companies make all attempts to minimize payouts to others when they are providing compensation out on behalf of their insured clients. They will do the same when you are the claimant filing against your own policy because of another’s lack of insurance. Insurance companies have a vested interest in minimizing payouts, even to their own clients and policyholders.
In practical terms, a UM claim is essentially the same case you would have brought against the at-fault driver: the same proof of fault, the same proof of injury, the same proof of damages, just filed against your own carrier. That means your insurer may challenge your account of how the accident happened, dispute the severity of your injuries, or question whether your medical treatment was necessary. This is why you should involve an experience accident lawyer before giving statements to your own insurance company.
Umbrella liability insurance is a layer of additional coverage, typically in increments of $1 million, that sits above your standard auto and homeowner policies. The primary purpose of an umbrella policy is to provide additional liability protection beyond standard insurance limits, helping protect against large or unexpected claims.
From a personal injury standpoint, umbrella coverage matters in two distinct ways. First, if you carry an umbrella policy yourself and are injured by an uninsured or underinsured driver, your lawyer will try to tap into those additional funds for your losses. Second, if the at-fault driver carried an umbrella policy, that coverage may be available to compensate you once their underlying auto policy limits are exhausted.
If you have never heard the term “umbrella coverage,” ask your agent about it. If you do not ask, the adjuster may stay quiet, and you end up negotiating only with the basic auto policy limits, even if there is another big layer of coverage sitting in the background.
At Levin, Riback & Adelman, our law firm’s attorneys review all available coverage early in the process, identifying every potential source of recovery for our clients.
The types of compensation that may be pursued in an uninsured or underinsured motorist claim generally mirror what would be available in a standard personal injury lawsuit. Depending on the facts of your case and your policy limits, recoverable damages could include:
Serious accidents on roads like I-294 or I-55 can result in injuries that require care at facilities like Northwestern Memorial Hospital, Rush University Medical Center, or Loyola University Medical Center. Treatment at major trauma centers carries significant costs, and those costs need to be fully documented to support a claim.
The standard time limit for filing a personal injury claim in Illinois is generally two years from the date of the accident. That window may sound generous, but UM and UIM claims carry additional complications that can shorten the timeline.
Insurance policies often contain notice requirements or arbitration deadlines. Your own insurer may require prompt notice of a potential UM or UIM claim. Waiting too long, even when you are still treating your injuries and have not yet decided whether to pursue a claim, can give the insurance company grounds to deny coverage.
If your accident involved a driver who fled the scene, the situation may be even more time-sensitive. A Chicago hit-and-run accident attorney can help you understand what steps to take and when.
A few missteps tend to come up in UM and UIM cases include:
The state minimum is rarely enough for someone with real assets or significant income to protect. The required $25,000/$50,000 UM minimums are inadequate when someone suffers serious personal injuries. Consider matching your UM and UIM limits to your liability limits, such as 100,000/300,000, so you are equally protected whether you cause an accident or an uninsured driver hits you. Talk to an independent insurance agent instead of relying on an online quote tool.
In many cases, no. While Illinois requires drivers to have liability insurance, minimum coverage limits might not be enough in a serious accident. A single serious injury involving surgery, hospitalization, and lost wages can far exceed $25,000. Increasing the coverage limits might provide better financial security in the event of a significant accident, offering broader protection for you and your loved ones.
Yes, in many situations. Illinois uninsured motorist coverage may cover accidents in which someone is involved in a hit-and-run accident, the other driver didn’t provide their insurance information, or they have no insurance. This is common when a bicyclist or pedestrian is hit by a car, or after drunk-driving accidents in which the driver fears arrest and flees the scene. Reporting the accident promptly to both law enforcement and your own insurer is important in hit-and-run situations.
That is where UIM coverage applies. Underinsured motorist coverage is intended to fill the gap when the at-fault driver has some insurance, just not enough. If the other driver’s liability limits are lower than your UIM limits, your own policy may cover the difference, up to your policy’s cap. The key is knowing what your own limits are and whether they were set high enough to matter. The state-required minimum is likely not enough.
Uninsured and underinsured motorist claims are not simple insurance paperwork disputes. These cases can involve serious injuries, contested medical treatment, policy language, coverage disputes, and aggressive insurance defense tactics.
At Levin, Riback & Adelman, our lawyers handle UM and UIM claims throughout Illinois, including in Cook County, DuPage County, Lake County, and the surrounding region. We will review your policy, identify available coverage, and help you understand what your claim may be worth before you make any decisions. If you or someone you care about has been injured by an uninsured or underinsured driver, contact our law firm to schedule a free consultation with one of our attorneys. We understand your situation and will help you find the best solution for your circumstances.
