Let Experienced Naperville Attorneys Help You With Your Uninsured/Underinsured Driver Claim

Illinois law requires drivers to carry insurance, but not everyone complies. Even those who do may not have enough coverage to fully compensate you after a serious accident. When that happens, uninsured and underinsured driver claims can help cover your losses.

You can file these claims through your own insurance policy, which is meant to protect you when the at-fault driver’s coverage is insufficient. However, insurance companies often scrutinize these claims closely, and it’s not uncommon for them to delay or underpay valid claims.

At The Crannell Law Group, LLC, our uninsured/underinsured driver claims attorneys stand up for Illinois residents who find themselves in this frustrating position. With more than 25 years of combined experience, they can help you secure the compensation you deserve. Our lawyers are also not afraid to take the case to trial when insurance companies try to pay you less than you should receive.

Understanding Illinois Uninsured And Underinsured Driver Coverage

In Illinois, all cars that go on public roads must carry liability insurance. This coverage pays for injuries or property damage you may cause to others in an accident. The minimum required coverage limits are:

• $25,000 for injury or death of one person
• $50,000 total coverage when multiple people suffer injuries in the same crash
• $20,000 for damage to another person’s property

All drivers must also carry proof of insurance in their cars at all times. During traffic stops or after an accident, law enforcement officers have the right to request to see it. Not being able to respond or provide proof during these instances may result in a registration suspension notice. Drivers then have 30 days to submit proof of insurance before the suspension takes effect.

The Consequences Of Not Having Sufficient Insurance

Driving without insurance in Illinois carries serious consequences:

• A minimum $500 fine for operating an uninsured vehicle
• A minimum $1,000 fine for driving a vehicle while its registration is suspended due to a lack of insurance
• First-time offenders must pay a $100 reinstatement fee and provide proof of insurance to lift the suspension
• Repeat offenders face a four-month registration suspension and additional fees
• After three or more violations, drivers must file an SR-22 certificate (proof of financial responsibility) for three years 

Despite these laws, at-fault drivers’ insurance policies might not be enough to cover the medical bills and property damage that you incurred as a result of the accident. Young or teen drivers, for example, may carry only minimum coverage due to high premiums and their lack of driving experience. Some drivers may have lapsed policies or carry lower coverage limits, especially if they are from out of state. In cases where a pedestrian or a cyclist causes the accident, they may not have car insurance at all.

Our uninsured/underinsured driver claims attorneys know how to protect and advocate for your rights in these situations. When insurance companies try to lessen your compensation or deny your claim, our team stands ready to challenge these tactics and fight for the full compensation you deserve.

Filing An Uninsured Or Underinsured Driver Claim In Illinois

If the at-fault driver or party does not have insurance, you must notify your insurance company as soon as possible. Your insurer will then open a claim under your policy. Take note that if you’re in an accident with injuries or damages over $500, you must file a crash report with the Illinois Department of Transportation (IDOT) within 10 days. This is crucial because IDOT identifies uninsured drivers and reports them to the Secretary of State, which can lead to license suspensions for those without insurance.

If the at-fault driver does carry insurance, Illinois law requires that you first receive the full amount available under their liability policy. Your underinsured driver coverage only applies if your losses exceed this amount.

To support your claim, you’ll need to provide thorough documentation, including:

• A police report confirming the other driver’s insurance status
• Medical records detailing your injuries and treatment
• Proof of lost wages or reduced earning capacity
• Receipts or records of accident-related expenses
• Evidence that the at-fault driver’s policy limits have been exhausted (for underinsured driver claims)

In Illinois, you have two years after your accident to file a lawsuit for injuries. However, your insurance company may impose shorter deadlines, depending on your policy. If you want to use your underinsured driver coverage, you may need to tell your insurance company in writing before you accept any compensation from the at-fault driver’s insurance. This protects your right to receive compensation from your own policy.

What To Consider In An Underinsured Driver Accident

There are several technical and legal considerations that can affect your underinsured driver claim:

• Important policy clauses: Illinois law allows you to combine coverage limits from multiple vehicles or policies, also known as “policy stacking.” This can increase your total coverage unless your policy clearly forbids it. Many policies also have offset clauses. These reduce your payment by whatever amount you already received from the at-fault driver’s insurance. Courts will enforce these clauses if they are clearly written in your policy.
• Your insurance rates: Filing a claim for an underinsured driver accident should not raise your rates. If you did not cause the accident, Illinois law protects you from rate increases based solely on not-at-fault accidents.
• Negotiating with your insurance company: Even if you pay premiums to your insurance company, they may still try to pay you less than you deserve. It helps to approach them as you would any other third-party insurer. This means providing detailed records of your injuries and expenses, and studying what your policy covers.
• When insurers act in bad faith: If your insurance company takes too long or refuses to pay a valid claim without good reason, it may be acting in “bad faith.” Illinois law allows you to sue for extra damages beyond your policy limits in these cases.

It’s crucial to speak with an attorney as soon as possible after an accident involving an underinsured driver. Early legal guidance is especially important if you have serious injuries, if your insurance company denies your claim or if they offer a settlement that seems too low. Our uninsured/underinsured driver claims attorneys can help interpret complex policy language and negotiate with insurers on your behalf.

Talk To Our Uninsured/Underinsured Driver Claims Attorneys Today

Don’t wait to get the legal guidance you need. At The Crannell Law Group, LLC, our attorneys offer free consultations to review your accident, examine your insurance coverage and explain your legal options. Call us at (630) 995-9995 or send us a message through our online form today.