In Illinois, the minimum insurance requirements for a personal motor vehicle, are $25,000 per person and $50,000 per accident, but often, people do not have even the minimum insurance coverage required by law. Uninsured motorists are driving, getting into accidents and injuring people without any means of compensating the victims for their injuries .
Q: What are my options if a motorist injures me in a car accident and only has the minimum insurance coverage of $25,000?
First, speak with an experienced car accident lawyer to assess whether there could be any other responsible party beyond the person who actually caused the accident. For example, unsafe road conditions may contribute to an accident which makes it possible to pursue the entity responsible for keeping the roadways safe for motorists.
As another example, let’s say that the defendant who caused the accident was drunk. We want to find out how and where he became intoxicated because we may have a potential Dram Shop action against the establishment where he became intoxicated.
As experienced car accident attorneys, we explore all potential avenues for recovery.
Uninsured/underinsured insurance coverage can protect you up to your policy limits to the extent that your recovery is over the other driver’s policy limits. It’s a separate insurance policy that the injured person would have on their own vehicle or, if they are a passenger, on the vehicle they are riding in.
If you are unable to identify the driver who hit you, we can often file a claim under your uninsured motorist insurance policy. Getting as much evidence as early as possible is critical. You want to document the damage to your vehicle, where you were, who you’re with, etc. That way, you can get a statement from that witness as well to corroborate what occurred.
In all likelihood, your insurance company would do what they could to find the responsible driver so that your insurance company can seek reimbursement form the other driver’s insurance company.