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Can I Still Bring a Claim If the At-Fault Driver Has No Insurance?

I was injured in a car accident but the at-fault driver does not have insurance. Can I still bring a claim?

You could technically sue the uninsured driver but generally it is not worth it because if he or she has no insurance, they probably don’t have any assets or income from which to pay your claim. Even though it is a legal requirement in Illinois to carry auto insurance, there is no system that checks for auto insurance until after you are involved in an auto accident. So, if you are injured in a motor vehicle collision caused by an uninsured driver, you should make a claim under your own auto insurance policy for uninsured motorist’s benefits (UM). This is coverage that you carry on your own auto policy, and hopefully you have sufficient UM coverage to cover the full amount of your claim.

What is adequate UM coverage? In our opinion, a minimum of $250,000/$500,000. This means $250,000 per person, $500,000 per accident, regardless of the number of people injured. CHECK YOUR OWN AUTO INSURANCE POLICY NOW TO MAKE SURE YOU HAVE ADEQUATE  UM AND UNDER-INSURED (UMI) LIMITS! 

Uninsured motorist coverage is typically inexpensive so it is a wise idea to make sure you have adequate coverage before an accident occurs.

About the Firm

Ronald F. Wittmeyer, Jr. practices plaintiffs' personal injury law at his office in Arlington Heights, Illinois.

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