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Uninsured/Underinsured Motorist Accidents in Illinois: Your Legal Guide by MST Law

Being involved in an accident is stressful enough, but when the at-fault driver is uninsured or underinsured, the situation becomes even more complicated. At MST Law, we understand the complexities of uninsured motorist claims and are here to help you secure the compensation you deserve. Whether you’re dealing with an uninsured driver or one whose policy isn’t enough to cover your damages, our experienced attorneys will guide you through your legal options.

Understanding Uninsured and Underinsured Motorist Accidents

An uninsured motorist accident occurs when the at-fault driver does not carry any auto insurance. An underinsured motorist accident happens when the at-fault driver’s insurance policy limits are too low to cover the full extent of your damages. In Illinois, all drivers are required to carry uninsured motorist coverage, but that does not mean recovering compensation is always straightforward.

Common scenarios involving uninsured or underinsured drivers include:

Hit-and-Run Accidents: If the at-fault driver flees the scene and cannot be identified, the victim may need to rely on their own uninsured motorist coverage.
Minimal Insurance Coverage: If the at-fault driver carries only the state-minimum liability coverage, it may not be enough to cover severe injuries or vehicle damage.
Out-of-State Drivers: Some states have lower insurance requirements than Illinois, leading to complications when an out-of-state driver is involved.
Multiple Vehicle Collisions: When several vehicles are involved, insurance claims can become complex, especially if one or more drivers lack sufficient coverage.

Steps to Take After an Accident

Ensure Safety: Check for injuries and contact 911 if necessary.
Move to Safety: Relocate from traffic if possible without worsening injuries.
Exchange Information: Obtain contact and insurance details from all involved parties, including the taxi driver.
Document the Scene: Capture photographs of the vehicles, damage, injuries, and any contributing road conditions.
Identify Witnesses: Gather contact details for anyone who saw the accident.
Seek Medical Attention: Get evaluated for any injuries, even if they seem minor initially.
Record Key Details: Write down your recollections before they fade.
Search for Cameras: Identify nearby surveillance that may have recorded the event.
Inform Authorities and Insurance: Report the accident to law enforcement and notify your insurance company.
Consult an Attorney: Contact MST Law for expert legal advice.

Your Legal Rights Under Illinois Law

Illinois requires all auto insurance policies to include uninsured motorist (UM) coverage with a minimum of $25,000 per person and $50,000 per accident. However, these limits may not be enough for serious injuries. Many drivers also opt for underinsured motorist (UIM) coverage, which provides additional compensation when the at-fault driver’s policy is insufficient.

If an uninsured or underinsured driver causes your accident, you may be able to file a claim with your own insurance company under your UM/UIM policy. However, insurance companies often attempt to minimize payouts, so having a skilled attorney on your side can make a significant difference.

Challenges in Uninsured/ Underinsured Motorist Claims

Proving the Other Driver Lacked Insurance: Some drivers may provide false information or refuse to cooperate, making it difficult to verify their insurance status.
Insurance Company Delays: Even if you have uninsured motorist coverage, insurers may delay or deny your claim, requiring extensive legal effort.
Disputes Over Damages: Insurance companies often challenge the extent of your injuries or the value of property damage.
Complicated Policy Terms: Many insurance policies have fine-print limitations that can affect your claim, making legal assistance crucial.
Coordination of Benefits: If you have multiple insurance policies, determining which one applies can be complex.

Compensation Available for Uninsured/Underinsured Motorist Accidents

Medical Expenses: Coverage for hospital stays, surgeries, rehabilitation, and ongoing medical treatments.
Lost Wages: Compensation for time off work due to injuries sustained in the accident.
Pain and Suffering: Damages for emotional distress, physical pain, and reduced quality of life.
Property Damage: Repair or replacement costs for your vehicle and other personal belongings.
Future Medical Costs: If long-term care or rehabilitation is necessary, you may be entitled to compensation for future expenses.

Why Choose MST Law?

Extensive Experience: Our attorneys have a deep understanding of Illinois insurance laws and know how to fight for fair compensation.
Aggressive Representation: We take on insurance companies and negotiate the best possible settlement—or take your case to court if needed.
No Upfront Costs: We work on a contingency fee basis, meaning you pay nothing unless we win your case.
Personalized Legal Strategy: We tailor our approach to the specifics of your case, ensuring the best possible outcome.

Statute of Limitations for Uninsured Motorist Claims in Illinois

In Illinois, the statute of limitations for personal injury claims is two years from the date of the accident. However, when dealing with uninsured motorist claims, there may be additional deadlines outlined in your insurance policy. Some policies require victims to file UM/UIM claims within a shorter time frame, so it’s crucial to act quickly.

Contact MST Law Firm Today

Dealing with an uninsured or underinsured driver can be frustrating and financially draining. MST Law is here to help you navigate the complexities of UM/UIM claims and ensure you receive full compensation. Contact us today for a free consultation.