Written by Malman Law, reviewed by Steve J. Malman.
Illinois is an at-fault or tort state regarding car accidents and insurance. This means the driver responsible for a car crash is responsible for paying accident-related losses. Therefore, a driver must carry minimum liability insurance to cover bodily injury and physical damage sustained by third parties when they cause a crash.
In Illinois, you can seek compensation from the driver who is more at fault in a car accident, even if you are uninsured. However, you may still be liable for a portion of the damages and could face legal penalties for driving without insurance. For instance, if the other driver is 70% at fault, you could still be responsible for 30% of your own damages.
Usually, if the at-fault driver has no insurance coverage, the other driver can rely on underinsured or uninsured motorist coverage to cover accident-related damages. In some scenarios, you could be the one who is both injured and driving without insurance.
While these situations are complicated, it doesn’t mean you’re out of luck. A trusted Illinois car accident attorney can provide legal advice and support in your pursuit of compensation.
A driver must carry minimum insurance coverage limits in Illinois. The minimum coverage provides financial protection to the driver and other road users.
Illinois law requires all drivers to have proof of insurance that they carry the required amounts of auto insurance coverage. If drivers can’t provide such evidence, they could face steep penalties.
Here’s the breakdown of minimum required insurance coverage:
Despite state regulations, some drivers operate without minimum insurance coverage, either intentionally or without knowledge. Therefore, Illinois also requires drivers to carry coverage for uninsured or underinsured motorists to cover bodily injury if they sustain harm involving an at-fault uninsured driver.
The minimum uninsured or underinsured motorist coverage has the following limits:
If you drive without insurance, you could get caught by the police during a routine check.
Penalties for failure to display insurance in Illinois are as follows:
Since 2020, it has become easier to tell whether you have insurance. Police use the Automatic License Plate Recognition camera (ALPR), a modern technology, to verify if a motorist has insurance.
With the APLR camera, the police officer doesn’t have to approach your car to determine whether you have insurance. The camera captures the image of the license plate, and the data is processed against the state’s database of uninsured drivers.
If the police find you driving without insurance, they can impound your vehicle. The amended state law 625 ILCS 5/4-203 provides that whenever a law enforcement officer issues a citation to a driver for operating an uninsured vehicle, they may authorize the removal and impoundment of the vehicle by a towing service. The fees to store your vehicle at the impounding site could rise quickly, so it is important to ensure you have proper insurance quickly. Failure to act could result in costly penalties.
SR-22 insurance is a specialized type of insurance certificate required for individuals with a history of high-risk driving habits such as accidents, driving without insurance, and DUI convictions.
It is not an actual insurance policy but a document filed by your insurer to prove that you hold minimum insurance requirements. In Illinois, drivers can be required to have SR-22 for three continuous years.
If you do not renew your insurance policy on time, your license and registration may be immediately suspended, and you will begin the driver’s reinstatement process. The process involves requesting a new Illinois Drivers License Reinstatement Hearing.
After passing the required three years, you may cancel the SR-22 and acquire regular car insurance. You can deposit $70,000 in cash instead of filing SR-22 or get a surety or real-estate bond.
There are a few options available when involved in a collision with an uninsured driver:
Before you make any move against the at-fault driver, consider speaking to an experienced car accident attorney. Working with a car accident attorney brings many benefits to your case, including:
1) Use your own insurance:
You can seek reimbursement for your losses through your own insurance policy, such as uninsured motorist coverage.
2) File a lawsuit:
You have the option to sue the negligent driver. However, even if you win the case, recovering the full amount owed may be difficult if the uninsured driver lacks the financial resources to pay.
3) Consult a car crash lawyer:
An attorney can guide you through the claims and legal process, helping you identify and calculate all damages involved. They can also assist in gathering crucial evidence, such as a police report or expert witness testimony.
It’s important to act quickly, as Illinois has a statute of limitations for filing car accident claims.
A car insurance claim is when you ask your insurance company to pay for damage or injuries after an accident.
There are different types of claims you can make:
You can only claim what your policy covers. Knowing the details of your policy helps ensure you have the protection you need in the event of an accident.
Who pays for your injuries after a car accident depends on several factors:
In no-fault states, your own insurance covers your medical bills regardless of who caused the accident, reducing the need for litigation and speeding up compensation. You can only sue the other driver if your injuries are very serious or meet specific legal thresholds.
In fault states, the at-fault driver’s insurance usually pays for damages. If you are at fault, your insurance might have to cover both your medical bills and those of the other driver and their passengers.
Special coverage like Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage can help pay your medical bills regardless of who caused the accident. PIP coverage can also include lost wages and other non-medical expenses related to your injuries, providing additional financial support during your recovery.
Yes, you should call your insurance company after an accident, even if it wasn’t your fault. Here’s why:
When you call, be ready to tell them:
Remember, stick to the facts. Don’t say it was your fault, even if you think it might have been.
Getting a fair settlement after an accident can be tricky, but these tips can help:
Suppose you sustained a severe neck injury after a side-impact car crash involving a speeding driver. In that case, you may endure a worsening quality of life due to medical expenses, reduced income, and pain and suffering.
You, therefore, deserve compensation for your injury-related losses.
Malman Law is a team of personal injury lawyers with decades of experience. Contact us online or at (312) 629-0099 for a free case review. Free Case Evaluation.
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Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.