Illinois Uninsured / Underinsured Motorist Claims

Top-Rated Illinois Lawyers for Uninsured and Underinsured Car Accident Claims

Despite mandatory automobile insurance requirements in Illinois, many operators of motor vehicles are uninsured (have no insurance), or are underinsured (have an inadequate or minimal amount of insurance), for the damages they cause when they injure someone in a car accident. When an accident occurs, the client may have a claim for uninsured motorist or underinsured motorist benefits.

An Illinois, when you purchase “full coverage” under your automobile insurance policy, you purchase “uninsured/underinsured” coverage (known as “UM” or “UIM”). The amount of coverage depends on the language under the policy and the amount of premiums paid. Usually, the policy carries UM/UIM in an amount equal to the liability or “bodily injury” (known as “BI”) limits under the policy. In some instances, where the purchaser has elected to do so in writing and certain conditions have been met, the amount of UM/UIM may be less than the amount of BI. The coverage declarations page of your policy should reveal how much UM/UIM coverage is provided under your policy. It is important to review your claim with an experienced Illinois uninsured motorist claim lawyer.

What is an Uninsured Motorist Claim?

Uninsured motorist claims arise in an Illinois car accident when the at-fault motorist carries no coverage or cannot be identified. An example of when an uninsured motorist claim may arise is when the at-fault motorist has fled the scene (hit and run) and cannot be identified. Often, motor vehicle accidents in the Chicago metro area involving pedestrians or cyclists result in uninsured motorist claims. The Illinois Traffic Crash Report will reveal the identity and policy number for any insurance that was carried at the time of the accident. Under some circumstances, additional insurance coverage information can be obtained by contacting IDOT to certify whether the driver is, in fact, reported to be uninsured.

What is an Underinsured Motorist Claim?

Underinsured motorist claims arise in an Illinois motor vehicle crash when the at-fault motorist carries an insufficient amount of insurance coverage. An example of when an uninsured motorist claim may arise is when the injuries or “damages” from an accident are so serious that the amount of money that is demanded or sought is significantly greater than the amount of coverage. For example, a motor vehicle crash involving two cars occurs on I-88 in DuPage County, Illinois. If the driver of Unit 1 (who carries $25,000 in BI liability coverage) hits and injures the driver of Unit 2, causing him to suffer medical costs of $60,000, an underinsured motorist claim should be filed. If the injured driver of Unit 2 has $100,000 in UM/UIM coverage, then an underinsured motorist claim may be filed to pursue the damages, including medical costs, pain and suffering, that cannot be recovered from the at-fault motorist.

Who Is an Uninsured Claim or Underinsured Claim Filed Against?

An uninsured or underinsured motorist claim in Illinois must be filed against your own automobile insurance policy or the policy of a household or family member. Far beyond merely reporting the claim, there are written notices that must be filed and other technical steps that must be taken in order to bring an uninsured or underinsured motorist claim; therefore, you should consult with a knowledgeable Illinois uninsured and underinsured accident attorney right away. Sometimes, there are insurance coverage issues that must be litigated in court.

Will My Rates Increase If I Make an Uninsured or Underinsured Claim?

In Illinois, insurance companies may adjust premiums after the filing of an uninsured (UM) or underinsured (UIM) motorist claim, but it’s important to remember that this is coverage you bought and paid for to protect yourself in situations where another driver’s lack of adequate insurance causes your losses. Unlike at-fault claims, UM and UIM claims do not reflect fault on your part. While Illinois law does not explicitly prohibit rate adjustments in the future after such claims, many insurers evaluate claims history when setting premiums. Reviewing your policy and consulting with an attorney can clarify potential impacts and your rights under the law.

“Uninsured and underinsured motorist coverage is there to protect you when you need it most—that’s the purpose of having it. While premiums may naturally rise over time, choosing not to use the coverage you’ve paid for is like owning an umbrella but refusing to open it in the rain. It’s a choice that defies logic.” – Illinois uninsured motorist attorney, John J. Malm

When Is the Best Time to Speak With a Lawyer If The Other Driver Is Uninsured or Underinsured?

The best time to speak with a lawyer about an uninsured (UM) or underinsured (UIM) motorist claim is as soon as possible after the accident. Early legal guidance ensures you understand your rights and the steps needed to preserve your claim. A lawyer can review your insurance policy, identify available UM/UIM coverage, and handle communication with your insurance company to avoid potential pitfalls. Acting promptly is critical, as insurance companies may seek to minimize payouts, and delays could jeopardize your claim. Consulting an attorney early helps protect your interests and maximizes your chances of receiving the compensation you deserve.

Why Should You be Represented by Counsel in the Case of an Uninsured Driver in Illinois?

An Illinois uninsured motorist lawyer can help you identify available underinsured motorist insurance coverage and assist you in timely filing the claim against the insurance carrier in accordance with the rules for uninsured motorist claims and the specific terms of coverage under the policy. Remember, uninsured motorist claims create a conflict of interest between you and your insurance carrier. As in any adverse proceeding or litigation, you should consult with an attorney who has experience in litigating Illinois uninsured motorist claims. Your experienced Illinois uninsured car accident lawyer will put forth a settlement or litigation strategy targeted to achieving the highest possible settlement.

An experienced and knowledgeable Illinois uninsured motorist attorney can be particularly valuable in confronting and resolving hospital, physician, and subrogation “liens” which arise from paid and unpaid medical expenses alike. This process must be completed before the overall settlement is finalized. I am often able to provide my clients with valuable assistance in resolving or adjudicating expensive liens that were filed against their claim (and actually compete against the client’s net settlement), which result in substantial savings to the client in determining the net settlement amount they will receive. Remember, each dollar reduced or eliminated from a competing lien translates to a dollar earned by my client. For example, when a lien is reduced by $10,000, it results in a $10,000 additional net recovery to my client, and so on. Do not overlook this important fact when you consider whether to hire an attorney, or whom you hire. Get a lawyer who gets results.

Nicholson v. State Farm Insurance. The Illinois Supreme Court has denied an appeal by State Farm Insurance, thus, allowing to stand the decision of the Illinois Appellate Court in Nicholson v. State Farm Insurance, No. 2-08-0639 (2nd Dist. 2010) construing the obligations of an insurance carrier to provide underinsured motorist coverage pursuant to section 143a–2 of the Illinois Insurance Code (Code) (215 ILCS 5/143a–2 (West 1998). Under the decision, “whenever liability coverage is increased above that provided under the previous policy, insurers must again offer UM coverage equal to liability coverage and obtain a signed election declining such equal coverage.” Attorney John J. Malm proudly served as trial and appellate counsel to the family of a woman who was killed when the vehicle in which she was a passenger crossed the center line. Evidence obtained by Mr. Malm included an admission by State Farm that its underwriting file had been discarded, and that the written election of coverage form was not obtained by the State Farm at the time the coverage changes were issued in the subsequent policy. The decision represents an expansion of consumer rights for purchasers of automobile insurance in Illinois.

Some of Our Firm’s Uninsured Motorist and Underinsured Motorist Case Results:

DuPage County, Illinois. A $718,000 settlement was secured for a man and woman who suffered significant shoulder injuries in a rear-end collision caused by an underinsured driver. The at-fault driver lacked sufficient insurance to cover the victims’ extensive medical expenses and pain and suffering. Our attorneys initially helped the injured parties recover a portion of their damages through a settlement with the at-fault driver. We then pursued arbitration against the clients’ own automobile insurance carrier under an underinsured motorist (UIM) claim. This allowed us to demand additional compensation for the damages exceeding the at-fault driver’s policy limits.  Our clients required extensive medical treatment, including surgery and physical therapy, to recover from their injuries. This case underscores the critical role of UIM coverage in protecting accident victims when a negligent driver’s insurance is insufficient to address serious injuries.

Will County, Illinois. Our firm secured a $250,000 uninsured motorist (UM) settlement for the family of a child tragically killed in an intersection collision in Will County. The at-fault driver, who failed to stop at an uncontrolled intersection, lacked liability coverage to compensate for the devastating loss. Our attorneys pursued a UM claim through the family’s own automobile insurance policy, ensuring that they received the maximum available coverage under the policy limits of their own automobile insurance policy. While no amount of compensation could replace their loss, the settlement provided financial support for funeral expenses and other needs during an incredibly difficult time. This case highlights the importance of having uninsured motorist coverage.

Will County, Illinois. Truck accident, uninsured motorist, hit and run. A settlement for $100,000 (policy limits) was reached by Naperville personal injury attorney John J. Malm in an uninsured motorist claim (UM) on behalf of a man who was suffered serious shoulder injuries when a semi-tractor trailer struck his vehicle and fled the scene. A lawsuit was initially filed against a trucking company based on the man’s description that identified the truck; however, the lawsuit was later voluntarily dismissed because GPS data obtained by law enforcement could not confirm the location of the truck at the time of the accident. An uninsured motorist (UM) claim was brought against the man’s automobile insurance, and a policy limits settlement was reached before arbitration.

Kane County, Illinois. Pedestrian Accident. Settlement totaling $100,000 was reached by Naperville insurance claim attorney John Malm in underinsured motorist claim on behalf of a client who was struck by an automobile as he crossed a city street in Aurora, Illinois. The young man was walking within the crosswalk and had nearly reached the other side of the street when he was struck by a car traveling at a high rate of speed, according to witness testimony. The man suffered a comminuted fracture of the tibia and fibula, which required surgery. He underwent a right leg 4 compartment fasciotomy with open reduction and internal fixation (ORIF) of the right tibia. The man has suffered permanent muscle and nerve damage to his leg and foot. The client had already reached a policy limits settlement with the at-fault motorist’s insurance company for $20,000. He then retained attorney Malm to pursue the underinsured motorist (UIM) claim for the additional damages he sustained in the motor vehicle accident.

Contact the Illinois Uninsured and Underinsured Car Accident Attorneys at John J. Malm & Associates

John J. Malm & Associates is an experienced personal injury law firm representing individuals and families who have suffered an injury or loss due to an accident. Our Illinois car accident attorneys have extensive experience handling uninsured and underinsured claims for clients injured in car crashes. You may be entitled to a substantial settlement if you have been injured. Contact our office for a free consultation today.