What happens if the at-fault driver is not insured?
Motor Vehicles Accidents - April 23, 2024
When you are in a car accident in Illinois, your first option to receive compensation may be the other driver’s insurance company. Illinois is a fault state, meaning that the at-fault driver is responsible for the damages they have caused. However, that driver may have been underinsured or uninsured.
Many people feel unsure about what happens if the at-fault driver is not insured, leading to confusion and fear that a lawsuit is not an option. Your Chicago car accident lawyer can guide you through the specifics of your case and help you pursue compensation. If you are unsure where to turn following an accident with an uninsured driver, do not hesitate to reach out for legal aid and guidance.
Your uninsured motorist coverage may cover your costs
When an uninsured driver strikes you, you may have discovered firsthand what happens if the other driver doesn’t have insurance. You may need help navigating this situation. Fortunately, your insurance company may be your first step toward recovery, as you should have insurance coverage under Illinois Compiled Statutes Chapter 215.
Many insurance companies offer uninsured motorist coverage, which provides compensation in cases where you are struck by a driver who is uninsured or underinsured. You may even have grounds to file a claim under this policy in a hit-and-run accident where you cannot sue the at-fault driver in this case.
If you have uninsured motorist coverage, you can file a claim with your insurance company. They will review your accident details and claim before assessing the value. Once they have done this, you may receive a settlement offer, which you can discuss with your car accident attorney before you decide.
You may still have grounds to sue
In some cases, you may have learned firsthand the answer to “What if the at-fault driver is underinsured?” as you may have no opportunity to seek compensation through an insurance settlement. If you do not carry uninsured motorist coverage, you could struggle to get compensated fairly for the suffering you have been put through.
You may be able to take legal action by filing a lawsuit against the at-fault party. You may still have grounds to sue for the suffering they have caused and obtain financial relief for your economic and non-economic damages. While it can be difficult to enforce your lawsuit, as a person without insurance may not have the funds to cover your damages out of pocket, it can still help you pursue compensation when other options fail.
You may also have grounds for a personal injury lawsuit if your insurance company fails to provide the full coverage outlined in your policy. Your insurance company may have tried to prioritize its profits by offering you a lowball settlement or denying your compensation altogether. When an insurer executes bad-faith tactics under 215 ILCS 5/154.6, your attorney can help you file a separate lawsuit to pursue payment for your damages.
Having a lawyer on your side can only help your case
When you have been hurt by a careless driver, getting an insurance settlement or compensation through a court may be vital for your recovery. However, if a driver is underinsured or uninsured, it can impact your ability to take action. If the at-fault driver has no insurance, you may even be concerned that you have no other options.
The good news is that our team at Horwitz, Horwitz & Associates can help. Starting with a free consultation, we can review your options and determine your best path forward. If you are trying to figure out how best to get compensated for your suffering, call our office at (800) 985-1819 or fill out our online contact form.
