Chicago has no shortage of drivers with little or no insurance. If one of them hits you, your case may not work like a typical car accident claim. Instead of pursuing the at-fault driver’s insurance company, you may need to make a claim through your own uninsured motorist or underinsured motorist coverage.
That can feel unfair. You paid for insurance, followed the rules, and still may have to fight your own insurance company for compensation.
Blumenshine Law Group helps injured people in Chicago with uninsured and underinsured motorist claims. We deal with the insurance company, gather the evidence, evaluate your coverage, and fight for the compensation available under your policy and Illinois law.
Key Takeaways
- Uninsured motorist coverage may apply when the at-fault driver has no insurance.
- Underinsured motorist coverage may apply when the at-fault driver’s policy is too small to cover your losses.
- These claims are usually made through your own insurance company.
- Your insurer may still dispute fault, injuries, coverage, or the value of the claim.
- Early legal review can help protect your rights and preserve important evidence.
What Should You Do If a Driver With No Insurance Hits You?
Finding out the at-fault driver has no insurance is frustrating, but it does not mean you are out of options.
First, report the crash and get medical care. A police report can be important because it documents the accident, the drivers involved, and whether insurance information was available.
Next, notify your own insurance company. In many cases, the claim will be handled under your uninsured motorist coverage. This is coverage you purchased to protect yourself from exactly this situation.
You may technically have the right to pursue the uninsured driver personally, but that is not always practical. Many uninsured drivers do not have enough assets to pay a judgment. In many cases, the more realistic path is through your own UM coverage.
Before giving a recorded statement or accepting an offer, it is smart to speak with an attorney. Your insurance company may be “your” insurer, but it still has a financial interest in limiting what it pays.
Understanding UM and UIM Coverage in Illinois
Uninsured motorist coverage and underinsured motorist coverage are not the same.
Uninsured motorist coverage, often called UM coverage, applies when the at-fault driver has no liability insurance. It may also apply in certain hit-and-run cases.
Underinsured motorist coverage, often called UIM coverage, applies when the at-fault driver has insurance, but not enough to fully cover your injuries and losses.
For example, if your damages are far greater than the at-fault driver’s policy limits, your UIM coverage may provide an additional source of recovery, depending on your policy and the facts of the case.
These claims can become complicated because your own insurance company may dispute the value of the case, the seriousness of your injuries, whether the other driver was at fault, or whether coverage applies.
Who Pays Your Medical Bills After an Uninsured Driver Accident?
When the other driver has no insurance, medical bills can become one of the biggest immediate concerns.
Depending on the facts and available coverage, payment may involve health insurance, medical payments coverage, uninsured motorist coverage, or other sources. If your health insurance pays accident-related bills, it may later assert a lien or reimbursement claim against your settlement.
That is one reason these cases need careful handling. The goal is not only to pursue compensation, but also to address medical bills, liens, coverage issues, and the final net recovery.
Blumenshine Law Group helps clients review available coverage, coordinate claims, and deal with the insurance paperwork so they can focus on medical treatment and recovery.
What Compensation May Be Available?
An uninsured or underinsured motorist claim can seek compensation for medical bills, future care, lost wages, reduced earning capacity, pain and suffering, disability, and permanent impairment, subject to your available policy limits.
How much a claim is actually worth depends on injury severity, evidence, and your UM coverage. For a full breakdown, see uninsured motorist claim payouts in Chicago.
Why Your Own Insurance Company May Fight the Claim
Many people assume their own insurance company will treat them fairly after a crash with an uninsured driver. Sometimes that happens. But UM and UIM claims can still become disputed.
Your insurer may argue that your injuries are not as serious as claimed, that your treatment was excessive, that the other driver was not fully at fault, that your policy limits are lower than expected, or that certain damages are not covered.
In other words, your insurance company may step into the role the at-fault driver’s insurer would normally play.
An attorney can help document the claim, prove fault, gather medical evidence, negotiate with the insurer, and pursue arbitration or litigation when required by the policy.
Filing a UM or UIM Claim
A UM or UIM claim usually starts with notice to your own insurance company. The insurer may ask for the police report, photos, medical records, bills, wage-loss information, witness statements, and proof that the at-fault driver was uninsured or underinsured.
These documents matter. The stronger the evidence, the harder it is for the insurer to minimize the claim.
If the insurance company refuses to make a fair offer, the next step may involve arbitration or other procedures required by the policy. The exact process depends on the policy language and the facts of the claim.
Hit-and-Run Accidents and Uninsured Motorist Coverage
Uninsured motorist coverage may also apply after a hit-and-run crash, but these claims can involve specific policy requirements.
The insurance company may look closely at whether the crash was reported promptly, whether there was physical contact, whether independent evidence supports the claim, and whether the policy conditions were followed.
If you were injured in a hit-and-run accident in Chicago, report the crash, seek medical care, notify your insurer, and speak with an attorney before giving detailed statements.
Uninsured motorist coverage is not just for people in cars. If an uninsured or hit-and-run driver struck you while you were walking, the same coverage can apply. See our Chicago pedestrian accident lawyer page.
Underinsured Motorist Claims
An underinsured motorist claim may arise when the at-fault driver has insurance, but the policy limits are too low to cover the full harm caused by the crash.
For example, if the at-fault driver carries minimum coverage and your injuries involve surgery, long-term care, or significant time away from work, the available liability coverage may not be enough.
In that situation, your own UIM coverage may become important. These claims must be handled carefully because settlement with the at-fault driver’s insurer can affect your ability to pursue UIM benefits.
Do not sign a release or accept a policy-limits settlement without first reviewing how it may affect your underinsured motorist claim.
❝For many clients, the hardest part is realizing they may have to fight their own insurance company after being hit by an uninsured driver. Our job is to make sure the policy is applied fairly, the evidence is preserved, and the client’s injuries are fully documented.❞
Scott Blumenshine | Founding Partner
How Blumenshine Law Group Helps
Blumenshine Law Group helps injured people pursue uninsured and underinsured motorist claims in Chicago and throughout Illinois.
Our attorneys can help by reviewing your insurance policy, identifying available coverage, gathering evidence, communicating with the insurance company, documenting your injuries, negotiating liens, evaluating settlement offers, and pursuing arbitration or litigation when necessary.
These cases are not just paperwork disputes. They can involve serious injuries, contested medical treatment, policy language, coverage disputes, and aggressive insurance defense tactics.
Our job is to protect your claim and push for the compensation available under the facts, the evidence, and the policy.
Why Experience Matters in UM and UIM Claims
Uninsured and underinsured motorist claims require a different approach than ordinary car accident cases.
The at-fault driver may have no meaningful insurance. Your own insurer may control the payment decision. Policy deadlines may apply. Arbitration may be required. Medical liens may affect the final recovery. Settlement with one insurer may affect claims against another.
Blumenshine Law Group has decades of experience representing injured people in Chicago car accident and insurance-related claims. We understand how insurers evaluate these cases and how to build the evidence needed to support a fair recovery.
Talk to a Chicago Uninsured Motorist Attorney
If you were hit by an uninsured, underinsured, or hit-and-run driver in Chicago, you may still have options.
Blumenshine Law Group can review the crash, your insurance policy, your medical treatment, and the available coverage. We will explain your options and help you decide what to do next.
Call (312) 766-1000 or email info@blg-legal.com for a free consultation.
Frequently Asked Questions About Uninsured Motorist Claims in Chicago
When dealing with uninsured motorists in Chicago, it’s essential to understand the legal steps, potential compensation, and coverage benefits.
What should I do after being hit by an uninsured driver in Chicago?
Call 911, report the crash, get medical care, exchange information if possible, take photos, and notify your own insurance company. Before giving a recorded statement or accepting any offer, consider speaking with an attorney.
How can I collect damages if the driver has no insurance?
In many cases, damages are pursued through the uninsured motorist portion of your own auto policy. Your insurer may be responsible for paying covered damages that the uninsured driver would have owed, subject to the terms and limits of your policy.
Does uninsured motorist coverage apply to hit-and-run crashes?
It may. Hit-and-run claims can involve specific policy requirements, including prompt reporting and evidence supporting the crash. Some policies may also require physical contact or other proof. An attorney can review the policy and facts to determine whether coverage may apply.
What compensation may be available in a UM or UIM claim?
Compensation may include medical expenses, lost wages, pain and suffering, disability, loss of normal life, future medical care, and other damages, depending on the injuries and available coverage.
Can my own insurance company deny or undervalue my uninsured motorist claim?
Yes. Your insurer may dispute fault, damages, medical treatment, causation, coverage, or policy limits. Even though it is your insurance company, it may still challenge the claim.
In what situations can uninsured motorist coverage be utilized in an accident in Chicago?
Coverage applies when the at-fault driver lacks insurance, and the damages exceed their policy limits. It can also be used in hit-and-run cases where the at-fault driver is unidentified.
How does arbitration work in an uninsured motorist claim?
Many UM and UIM policies require disputes to be resolved through arbitration instead of a jury trial. Arbitration is a legal process where one or more arbitrators hear the evidence and decide the value of the claim. The exact process depends on the policy language.
What is the difference between uninsured and underinsured motorist coverage?
Uninsured motorist coverage applies when the at-fault driver has no insurance. Underinsured motorist coverage applies when the at-fault driver has insurance, but not enough to cover the full value of your losses.
How long do I have to bring an uninsured motorist claim?
Deadlines can depend on Illinois law and the specific insurance policy. Some policies contain notice requirements or arbitration deadlines. Because missing a deadline can harm your claim, it is important to have the policy reviewed as soon as possible.
Should I accept a settlement from the at-fault driver’s insurance before making a UIM claim?
Not without reviewing your policy first. Settling with the at-fault driver’s insurer may affect your underinsured motorist claim. You should understand your policy requirements before signing a release.
Scott Blumenshine is the founder of Blumenshine Law Group and a seasoned personal injury attorney with more than 38 years of experience representing individuals and families across Illinois. He focuses on serious accidents and insurance claims, including uninsured and underinsured motorist matters, and is known for his client-first approach and relentless advocacy to secure fair compensation.