Unfortunately, in many automobile accidents, the at fault driver that causes the accident does not have liability insurance coverage. This happens even though Illinois law requires that all motor vehicles designed for use on a public highway be covered by a liability policy with minimum liability limits of $20,000/$40,000 for bodily injury or death. 625 ILCS 5/7-601(a). The $20,000/$40,000 language means that the liability insurance for the at fault driver must pay up to $20,000 for the injuries or death of a single person, but it cannot pay more than a total of $40,000 for all the injured persons in an accident. The public policy reason for this law is to protect the public by securing payment for their damages.
In the event that you are injured by another driver that does not have liability insurance, Illinois law has another statute to protect the injured person. This statute requires that all automobile insurers provide uninsured motorist coverage in the policies they issue. 215 ILCS 5/143a. The purpose of uninsured motorist coverage is to place the insured in the same position that they would be in if the at fault driver actually had insurance. Under Illinois law, the uninsured motorist coverage must be at least equal to the $20,000/$40,000 minimum liability limits. However, if for example, you purchase $50,000/$100,000 or $100,000/$300,000 liability limits, the uninsured motorist coverage must be equal to the amount of liability coverage unless the insured specifically rejects having uninsured motorist coverage in excess of the statutory minimum limits. 215 ILCS 5/143a. This means that if you have $50,000/$100,000 uninsured coverage, and you are injured by a driver without insurance your insurance company will potentially have to pay up to $50,000 for your individual damages caused in the accident.
As a result, in the even that you are injured in an automobile accident, it is important that you immediately determine whether the at fault driver carried liability coverage. If the other driver does not have liability coverage, you will have to notify your insurance company. Furthermore, there are different policies and procedures that must be followed when making an uninsured motorist claim. For example, unlike a direct claim against an at fault driver with insurance that is filed in the court house, an uninsured motorist claim will often times have to be arbitrated out of court. Further, there may also be special time limits that apply to when an uninsured motorist claim must be filed to insure there is coverage. Because of these special rules and requirements, it is important to consult with an attorney if you have a potential uninsured motorist claim.
If you or a family member have been injured in an automobile or trucking accident, contact Carlson & Carlson, P.C. at 800-338-3352 to explore your legal options. Carlson & Carlson handles product liability, personal injury, medical malpractice, wrongful death, and auto accident cases in Edwardsville and surrounding towns including, Granite City, Alton, Collinsville, Highland, Troy, Bethalto, Glen Carbon, Wood River, Belleville, O’Fallon, Fairview Heights, Cahokia, East St. Louis and other communities in Madison and St. Clair County, Illinois.
