How to Recover Money Damages After an Accident with an Uninsured Driver in Chicago, Illinois
In Chicago, Illinois drivers are required to carry
insurance on their automobiles in the minimum amount of $20,000.00.
However, if you are injured by an uninsured driver or a driver with
inadequate insurance, you may recover under your own insurance policy up
to your limits.
When you are hit by an uninsured driver, your insurance company will usually pay you for your property damage with few questions asked. However, most insurance companies are not exactly forthcoming about other coverages that might be available. This often includes payment for your medical bills as a bare minimum. This article, however, does not address medical payments coverage, rather the much larger issue of uninsured and under-insured coverages.
In Chicago, Illinois, insurance policies are required to contain provisions for both uninsured drivers and under-insured drivers. (See 625 ILCS 5/7 - 601(a); 215 ILCS 5/143a.) These insurance provision are known as uninsured and under-insured motorists coverage or UM/UIM coverage. Obviously, an uninsured driver is a person without any insurance. However, many drivers upon the roadways carry minimum coverage. In Chicago, Illinois, this amount is $20,000.00 per person and $40,0000.00 per occurrence. While such coverage limits may be sufficient for a minor accident, $20,000.00 in medical bills can add up rapidly in a moderate to heavy impact.
UM/UIM coverage is in your policy of automobile insurance in Chicago, Illinois because it is required. Furthermore, under recent case law, Shultz v. Illinois Farmers Ins. Co., 2010 WL 966206 (Ill. Mar. 18, 2010) your limits must be equal to the policy limits. Previously, these amounts could differ greatly, e.g. a $250,000.00 policy might only have UM/UIM coverage limits of $100,000.00. Under the current law, your $250,000.00 policy must have equal UM/UIM limits.
These provisions allow you to recover money damages from your own insurance policy when you are injured by an at-fault uninsured driver. The damages you are entitle to recover, include medical bills, pain and suffering, loss of normal life and lost wages. The are further explained in my article titled "Your Right to Recover Damages According to a Personal Injury Lawyer in Chicago, Illinois" also on this website.
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ABOUT THE AUTHOR
This article was written by Lynette Simmons Hoag of the Hoag Law Group, LLC. She is a personal injury attorney in Chicago, Illinois.
Lynette Simmons Hoag
Hoag Law Group, LLC
3727 N. Kedzie Ave.
Chicago, IL 60618
Telephone: (312) 878-7000
Fax: (312) 878-7001www.insurance-claim-attorneys.com