Can You Sue Uninsured Motorists After a Car Accident in Illinois?

 Posted on July 25, 2023 in Uninsured/underinsured driver

Nearly 12% of drivers in Illinois are uninsured. If an uninsured motorist hits you, you can sue the at-fault driver for compensation. You could also pursue a settlement or take the case to the court, depending on the circumstances surrounding the incident. This article covers the basics of a car accident lawsuit and the options available to start a legal procedure.

Steps to Take After a Car Accident

After the imminent danger passes, you must call 911 for emergency support after a collision.

Upon arrival, the first responders will note the names, license numbers, and other personally identifiable information like insurance policy numbers. The officers will also interrogate you and bystanders to help them create an official police report. This document becomes valuable evidence for your personal injury claim.

Uninsured motorists often flee the scene before sharing their contact details.

The state of Illinois classifies this as a hit-and-run case. Injured drivers should note the license plate number of the at-fault party’s vehicle and share a general description of the car and driver with the police. This will help them track down the culprit.

You should also seek medical attention as soon as possible. Your diagnosis and treatment can help support your case against an uninsured driver.

How to Seek Coverage and Compensation 

Illinois is one of the few states that automatically offer uninsured motorist coverage to policyholders who pay for liability insurance. So your insurance agency is responsible for paying medical bills after a car accident involving an uninsured driver.

You can receive this coverage after you file a personal injury claim and prove that the uninsured motorist was responsible for the collision.

The insurance adjuster will ask for tangible evidence like medical and police reports to verify your statements. You can seek legal advice from a car accident attorney during negotiations with your agency if needed.

Suing an Uninsured Motorist 

If you decide to sue the at-fault party, you can file a personal injury lawsuit in court. You must prove that the negligent driver was responsible for the accident.

 In cases where the uninsured motorist was driving a vehicle owned by a third party, like a company van or friend’s car, you can sue the vehicle’s owner for negligence. There’s a chance this person or entity has liability insurance that covers your medical bills and vehicular damages.

A trial judge will assess your case, hear your arguments, review the evidence, and then decide on the final amount of compensatory charges. Alternatively, you can accept an out-of-court settlement if the defendant is willing to pay a reasonable amount for compensation.

You can hire a lawyer in both situations as a legal representative and advocate for your rights.

Contact Park Ridge Car Accident Injury Lawyers 

Car accident injury lawsuits can become complicated, especially when the other driver does not have liable insurance coverage. Consulting a lawyer can help you explore available options to seek necessary compensation. You may claim your uninsured motorist coverage, file a personal injury lawsuit, or negotiate a settlement with the at-fault driver.  Dial 847-232-7180 to contact Park Ridge car accident injury attorneys at Quinn Law Group, LLC, to schedule a consultation.

Sources: 

1. https://www.forbes.com/advisor/car-insurance/uninsured-motorist-coverage/

2. https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-401

3. https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-402