Illinois Uninsured / Underinsured Motorist Claims
Pursuant to Illinois law, all motor vehicle drivers in the state of Illinois are required to have liability insurance of no less than $25,000 per individual and $50,000 per accident. In addition, all drivers must also have Illinois uninsured and underinsured motorist coverage in an amount equal to their liability coverage.
That is the minimum amount of coverage drivers should have. However, if you are injured in an accident, $25,000 could very well be insufficient to pay for your medical bills and compensate you for your pain and suffering.
As such, we recommend that you have at least $100,000 in uninsured and underinsured motorist insurance.
Why is uninsured and underinsured motorist coverage important?
It is estimated that 15 percent of all drivers are uninsured and countless others have so little insurance that if you get hit, you may need to tap into your own insurance for compensation. There are over 4.7 million cars registered to drive in Illinois. If the 15 percent statistic is accurate, that means that approximately 700,000 cars driving in Illinois are uninsured.
You cannot control what insurance another driver has but you can control what insurance YOU have.
In addition, if you get hit by a car while a pedestrian walking in the street, in a hit and run, or, while you are riding your bicycle, you can seek compensation from your auto uninsured and underinsured motorist policy.
Auto Accident- My client suffered torn ligaments in his knee when an automobile sideswiped him. The at-fault party had a minimum Illinois insurance policy of $25,000. The defendant’s insurance company offered the $25,000 to settle the claim. Then we filed a claim against our client’s $100,000 underinsured motorist policy. RESULT: Success. The case settled for $100,000 – $75,000 from the client’s UIM policy and $25,000 from the defendant’s auto policy.
Bicycle Accident hit and run – Our client was riding his bike in Northfield Township when he was hit by the end of a truck’s trailer. The driver apparently did not know he hit our client and left the scene. The client suffered a fractured clavicle, multiple pelvic fractures and a severe concussion. We filed a claim under our client’s uninsured motorist policy and successfully recovered on his behalf.
Motorcycle Accident – Our clients, a husband and wife, were riding their motorcycle with a group of other riders, when an automobile driving the other way, crossed over the center line causing our client to lay down his motorcycle. Both clients suffered extensive injuries including, severe road rash and multiple fractures. Fortunately, our client had a 100/300 uninsured motorist policy and our Chicago motorcycle attorney recovered $100,000 for each client.
Many clients are concerned about filing a claim against their own policy. Not to worry. In nearly all cases where a driver is not at fault for the accident, the amount of a driver’s insurance policy will not increase as a result of filing a claim.
If you are unable to settle the claim with your insurance company, then, in almost all cases, you will have to file to take your case to arbitration rather than to trial. Arbitration is less formal and can be less expensive than filing a lawsuit. In addition, it takes much less time to schedule an arbitration than it does to get to trial in most jurisdictions. The drawback is that awards are often less in arbitration than you would get from a jury.
Make sure you have adequate amounts of uninsured and underinsured motorist coverage. If you get injured in an auto accident, feel free to call the lawyers at the Chicago Legal Group for a free consultation at 847-305-4105
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