The Contact Rule in Illinois Uninsured Motorist Policies

The “contact rule” in Illinois uninsured motorist (UM) policies pertains to the requirement that there must be physical contact between the insured’s vehicle and the uninsured vehicle for the insured to claim benefits under their UM policy. This rule can significantly impact the ability to recover damages in hit-and-run accidents where the at-fault vehicle does not make physical contact with the insured’s vehicle.

Legal Framework

1. Illinois Insurance Code:
   • The Illinois Insurance Code (215 ILCS 5/) mandates that auto insurance policies provide UM coverage, which compensates insured individuals for damages caused by uninsured or hit-and-run drivers.
2. Physical Contact Requirement:
   • Many UM policies in Illinois include a provision that requires physical contact between the insured vehicle and the uninsured vehicle to qualify for UM coverage. This is often referred to as the “contact rule.”

Case Law Examples

1. Swan v. Country Mut. Ins. Co., 306 Ill.App.3d 958 (1999):
   • The court held that there was no uninsured motorist coverage for the driver who swerved and struck a median while avoiding a car that had entered his lane.
2. Groshans v. Dairyland Ins. Co., 311 Ill.App.3d 876 (2000):
   • The court held that a provision in an insurance policy requiring physical contact for a UM claim is permissible, but is not always required in order to recover under a UM claim.

Practical Implications

1. Proving Physical Contact:
   • For a successful UM claim in a hit-and-run accident, the insured must demonstrate physical contact. This can involve gathering evidence such as vehicle damage, eyewitness testimony, and police reports.
2. Exceptions and Challenges:
   • There can be exceptions to the contact rule, such as in cases where debris from the hit-and-run vehicle strikes the insured vehicle. However, proving such indirect contact can be challenging and often requires substantial evidence.

Policyholder Considerations

1. Review Policy Terms:
   • Policyholders should carefully review their UM policy terms to understand the requirements and limitations, including the physical contact rule.
2. Gather Evidence:
   • In the event of a hit-and-run accident, it is crucial to gather as much evidence as possible, including photos of the damage, contact information of witnesses, and a police report, to support a UM claim.
3. Legal Advice:
   • Consulting with an experienced personal injury attorney who specializes in auto insurance claims can provide valuable guidance on navigating the complexities of UM coverage and the contact rule.

Conclusion

The contact rule in Illinois UM policies requires physical contact between the insured’s vehicle and the uninsured vehicle to qualify for UM benefits. This rule helps prevent fraudulent claims, but can complicate the recovery process in hit-and-run accidents without physical contact. Policyholders should understand their policy terms, gather substantial evidence in the event of an accident, and seek legal advice if needed.

Contact the Illinois Car Accident Lawyers at John J. Malm & Associates

If you or a loved one has been injured in a hit-and-run accident or by an uninsured driver, contact the Naperville car accident attorneys at John J. Malm & Associates to learn more about how you may be able to receive compensation for your injuries.