Accidents Involving Underinsured Motorists in Chicago
While Illinois law requires all drivers to have liability insurance, many drivers involved in accidents still lack enough coverage to fully pay for the damages and injuries they cause. This situation is called being underinsured. For victims of these accidents, it is especially concerning to discover that the at-fault party cannot take full financial responsibility for their losses.
If you were in an accident with an underinsured motorist and you are worried about collecting the full compensation to which you are entitled, our Chicago uninsured motorist attorneys may be able to help. We often deal with underinsured or uninsured motorist claims; our lawyers can work with you and your insurance company to arrange just compensation for your auto accident injuries or damages. If you’ve been involved in an accident with an underinsured motorist, please contact us today at (312)766-1000.
What is Underinsured Motorist Coverage?
Underinsured motorist coverage (sometimes known as UIM) is a protective provision of full coverage insurance policies that covers you in case of an accident with someone with minimal insurance that does not cover your injuries or damages. In Illinois, the minimum levels of liability insurance that all drivers must possess are the following:
In Illinois, the minimum required auto liability insurance limits are:
- $25,000 for injury or death of one person in one crash
- $50,000 for injury or death of more than one person in one crash
- $20,000 for damage to another person’s property
These minimum limits are important because an at-fault driver may technically comply with Illinois insurance law while still carrying too little coverage to fully pay for serious injuries, medical bills, lost income, and vehicle damage. In that situation, your own underinsured motorist coverage may become a critical source of recovery.
When you include underinsured motorist coverage on your policy, you can seek compensation if you are in an accident that extends beyond the minimum levels to include more substantial medical expenses, lost wages due to missed time from work, vehicle repair work, and other costs. Underinsured motorist claim plans are valued depending on your policy and the premiums you pay. Most underinsured motorist policies fully cover the level of liability (often called bodily injury, or BI), although the purchaser can elect to cover less than the amount of BI.
Filing a Claim for UIM Coverage
When you find it necessary to file for the coverage provided by your UIM policy, you file your claim directly against your insurance provider, who acts as the at-fault party. Because they are businesses first and foremost, and therefore, try to limit their losses as much as possible, insurance companies may not be as cooperative as you would like throughout this process. Additionally, since you are dealing with an insurance company, claims often go to arbitration before settling. Our underinsured motorist attorneys put your interests first; we handle all aspects of your claim and make sure you receive just compensation.
A typical underinsured motorist claim may involve several steps:
- Identify the at-fault driver’s available insurance limits. Your attorney will review the liability policy and confirm whether the driver’s coverage is insufficient for your losses.
- Notify your own insurance company. UIM claims are usually made through your own auto insurance policy, so timely notice is important.
- Document the full value of your damages. This may include medical bills, future treatment needs, lost wages, reduced earning capacity, pain and suffering, and property damage.
- Seek consent before resolving the liability claim. In many cases, your insurer must be notified before you accept the at-fault driver’s policy limits.
- Negotiate or arbitrate the UIM claim. If your insurer disputes the value of your injuries or damages, the claim may proceed to arbitration under the terms of your policy.
Underinsured Motorist Claim FAQs
What does underinsured motorist coverage pay for?
Underinsured motorist coverage may help pay for losses that exceed the at-fault driver’s insurance limits, including medical expenses, lost wages, pain and suffering, and other accident-related damages.
Is an underinsured motorist claim filed against my own insurance company?
Yes. A UIM claim is generally filed through your own insurance policy, even though the crash was caused by another driver.
Why do underinsured motorist claims go to arbitration?
Many auto insurance policies require arbitration when the injured person and the insurance company disagree about liability, damages, or the value of the UIM claim.
Should I accept the at-fault driver’s policy limits before making a UIM claim?
Not without first reviewing your own policy and giving any required notice to your insurer. Accepting a settlement too early may affect your ability to pursue underinsured motorist benefits.
Expert Legal Assistance for Underinsured Motorist Claims and Automobile Accidents
Our team of skilled lawyers has extensive experience in dealing with insurance companies, specializing in various issues, with a particular focus on automobile accident claims. We understand the challenges and frustrations that can arise when you’re involved in an accident with an underinsured motorist. Our goal is to ensure that you are not left bearing the financial burden due to someone else’s lack of adequate insurance coverage.
If you would like a free no-obligation consultation about your case with a lawyer specializing in underinsured motorist claims, call or text us at (312) 766-1000 or email [email protected]. You can also complete our website contact form, and one of our experienced Chicago underinsured motorist attorneys will contact you. We serve clients in Chicago, Cook County, and throughout Illinois.
Attorney Scott Blumenshine represents injured people in Chicago and throughout Illinois in motor vehicle injury and insurance claim matters. Underinsured motorist claims require careful coordination between the at-fault driver’s liability coverage and the injured person’s own insurance policy. Our firm helps clients evaluate available coverage, preserve claim rights, deal with insurance adjusters, and pursue compensation when the available liability insurance is not enough.