John Malm Answers Common Questions About Uninsured Motorist Coverage

Uninsured Motorist (UM) coverage is one of the most important protections drivers in Illinois can carry — yet many people don’t understand how it works or how to use it after a car accident. Worse, some hesitate to file a UM claim when they need it most.

To help clear up confusion and misconceptions, attorney John J. Malm of John J. Malm & Associates answers some of the most common questions he hears from clients about uninsured motorist coverage and why it matters.

What is Uninsured Motorist Coverage, and Why Do I Have It?

Uninsured Motorist (UM) coverage is part of your auto insurance policy that protects you if you’re injured in a crash caused by a driver who has no insurance or who flees the scene and is never identified — like in a hit-and-run accident.

In Illinois, UM coverage is required by law unless you specifically reject it in writing. So, if you have auto insurance, chances are you already have this protection — even if you didn’t realize it. This coverage is there to make sure that you don’t suffer financially when someone else breaks the law or behaves irresponsibly.

Why do many people hesitate to use their UM coverage?

I hear the same things from clients all the time:

– “The accident wasn’t my fault, so why should I file a claim?”

– “I don’t want to go against my own insurance company.”

– “Won’t my insurance rates go up if I make a UM claim?”

These concerns are understandable. People naturally associate insurance claims with being ‘at fault’ or fear they’ll somehow be punished for using their own policy. But that’s not how UM coverage works.

Will My Insurance Rates Go Up If I File a UM Claim?

This is one of the most common concerns I hear — and it’s based on a misunderstanding of how insurance works.

First, let me be clear: You are not the at-fault driver. You didn’t cause the crash. Your Uninsured Motorist (UM) claim is simply asking your insurance company to honor the coverage you’ve been paying for.

That said, it’s almost inevitable that your insurance rates — and everyone else’s — will go up next year. Insurance premiums rise every year due to many factors: industry trends, accident rates in your area, and inflation. Whether you file a UM claim or not, your insurer is already factoring in those increases.

Worrying about a possible rate hike shouldn’t stop you from making a claim you need now. I always tell clients: Don’t leave tens of thousands of dollars—or more—on the table out of fear of something that may happen anyway. You’ve suffered real losses, and you paid for this coverage. You should use it.

I feel uncomfortable filing a claim with my own insurance. Isn’t that like suing myself?

No, and this is one of the biggest misconceptions. When you file a UM claim, you are not ‘suing yourself’ or accusing your insurance company of wrongdoing. You’re simply asking them to honor the coverage you’ve been paying for — often for years.

You already bought this protection. You paid for it. Now is the time to use it. Your insurance company has already factored the cost of these claims into your premiums. When you make a claim, you’re just holding them to the agreement they made when they sold you the policy.

What does UM coverage actually pay for?

UM coverage can help you recover compensation for:

– Medical bills

– Lost wages

– Pain and suffering

– Permanent disability or disfigurement

– Property damage (if you carry UM property damage coverage)

Essentially, it covers the same types of damages you could have claimed against the at-fault driver if they had insurance.

What if I was a pedestrian or bicyclist when the accident happened?

Great question. UM coverage applies even if you weren’t in your car at the time.

If you were hit by an uninsured driver or in a hit-and-run while walking, jogging, or riding your bike, you can still make a UM claim under your auto insurance policy.

It surprises a lot of people, but it’s true — your UM coverage follows you, not just your car.

What are the biggest mistakes people make when it comes to UM coverage?

There are three big mistakes I see:

1. Not realizing they have UM coverage.

2. Not filing a police report.

3. Not getting legal advice.

Insurance companies may not explain your rights, and they sometimes undervalue UM claims. Without an attorney, people may settle for far less than they deserve.

Why do insurance companies sometimes deny or delay UM claims?

Insurance companies, even your own, are businesses. Their goal is to limit how much they pay out. They may question the severity of your injuries, challenge whether the accident was a hit-and-run, or dispute the value of your claim.

That’s why I always encourage clients to get legal advice from an experienced Illinois car accident attorney early. At John J. Malm & Associates, we know how to make sure the insurance company honors the coverage you’ve already paid for.

How have you helped clients with uninsured motorist claims?

Our firm has handled hundreds of uninsured motorist claims. We’ve taken these cases to both trial court and Illinois appellate courts when necessary, and we’ve recovered millions of dollars for clients who were injured by uninsured drivers or in hit-and-run crashes.

Most importantly, we help clients understand that using their UM coverage isn’t something to feel bad about. It’s what the coverage is there for. We’ve seen firsthand how UM coverage has allowed our clients to pay for life-saving medical care, make up for lost income, and move forward with their lives.

Why Choose John J. Malm & Associates for your Car Accident Case?

At John J. Malm & Associates, we believe every client deserves to understand their rights and access the insurance protections they’ve paid for. Our experienced team of six award-winning Naperville injury attorneys brings together over 90 years of combined legal experience serving clients in Naperville, St. Charles, Chicago, and throughout Illinois.

We have successfully fought for our clients’ right to bring uninsured motorist claims, and  we have recovered millions of dollars for hit-and-run victims and others injured by uninsured drivers.

If you’ve been injured and the at-fault driver has no insurance — or fled the scene — don’t hesitate. Contact us today for a free consultation. We’re ready to help you recover the compensation you deserve.