You Have No Insurance but the Other Driver Was at Fault in Illinois?

Thursday, August 22, 2024

You Have No Insurance but the Other Driver Was at Fault in Illinois?

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.

Minimum Insurance Required in Illinois

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:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident
  • $20,000 for property damage per person

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:

  • $ 25,000 per person
  • $ 50,000 per accident

Penalties for Driving Without Insurance in Illinois

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:

  • The penalties for driving without insurance are between $500-$1000 for first-time offenders, with possible higher fines for repeat offenders.
  • The Department of Motor Vehicles could suspend your license—Uninsured drivers can lose their license for up to four years.
  • License reinstatement fee of $100
  • An additional $1000 fine, which risks the suspension of your license
  • Requirement of the SR-22 for up to 3 years or more

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.

Vehicle Impound

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 Requirement

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.

Options for Recovering Your Losses After a Collision with an Uninsured Driver

There are a few options available when involved in a collision with an uninsured driver:

  • Filing uninsured motorist claim: If you’re involved in a collision with an uninsured or underinsured motorist, you could file a claim with your insurance company. Most importantly, notify your insurer on time since you have a limited opportunity to make a claim.
  • Filing a lawsuit against the at-fault driver: If you have no insurance coverage or damage exceeds your policy limit, consider filing a lawsuit against the underinsured or uninsured motorist.

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:

  • Compiling critical sources of evidence
  • Establishing liability
  • Demonstrating the extent of your injury
  • Negotiating with the insurer for a fair settlement value
  • Communicating with the insurer on your behalf
  • Litigating the matter in a court

Here are some options for pursuing compensation if you’re involved in an accident with an uninsured driver in Illinois:

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.

What Is a Car Insurance Claim?

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:

  • Collision claims for damage to your car from hitting something, such as another vehicle, a tree, or a guardrail.
  • Comprehensive claims which cover damage not caused by a collision, such as theft, vandalism, or natural events like a tree falling on your car.
  • Liability claims are used when you’re at fault in an accident and are responsible for hurting someone or damaging their property. This type of claim covers the costs associated with the other party’s injuries or property damage.
  • Personal injury claims for your own medical bills and losses after an accident. They cover the cost of your medical treatment, rehabilitation, and sometimes lost wages if you are unable to work due to your injuries.

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 Covers My Injuries in a Car Accident?

Who pays for your injuries after a car accident depends on several factors:

  • Where you live, since some states have “no-fault” insurance laws.
  • Who caused the accident? Liability is a key factor.
  • What kind of insurance you have, as different types of coverage offer different protections.

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.

Do I Call My Insurer?

Yes, you should call your insurance company after an accident, even if it wasn’t your fault. Here’s why:

  • Your policy probably requires you to report accidents
  • They can help you understand what to do next
  • They can start working on your claim right away
  • If the other driver’s insurance doesn’t pay, yours might need to step in

When you call, be ready to tell them:

  • When and where the accident happened
  • Who was involved
  • What damage or injuries there are
  • The police report number, if there is one

Remember, stick to the facts. Don’t say it was your fault, even if you think it might have been.

Tips for Navigating the Car Accident Settlement Process

Getting a fair settlement after an accident can be tricky, but these tips can help:

  • Gather Evidence. Take pictures of the accident scene and all damage, get the names and contact information of witnesses, and keep all medical bills and records. All this is crucial for supporting your claim.
  • Don’t Rush to Settle. Wait until you know the full extent of your injuries and understand all your costs before agreeing to a settlement. Premature settlements can leave you undercompensated for long-term expenses.
  • Be Careful What You Say. Avoid posting about the accident on social media, don’t apologize or admit fault, and be polite but cautious when talking to insurance companies. Your statements can be used against you.
  • Understand Your Policy. Know what your insurance covers and ask questions if anything is unclear. Familiarity with your policy can prevent misunderstandings and ensure you claim all applicable benefits.
  • Keep Good Records. Write down every phone call or meeting about the accident and save all related paperwork and emails. Detailed records can help you track the progress of your claim and provide evidence if needed.
  • Consider Getting Help. If your injuries are serious or the insurance company isn’t being fair, consider consulting a lawyer
  • Know Your Rights. You don’t have to accept the first offer from the insurance company. You have the right to negotiate for a fair settlement that adequately covers your damages and losses.
  • Be Patient. Settling a claim can take time, especially for serious accidents. Don’t let the insurance company rush you into a bad deal; patience can lead to a more favorable outcome.

Get in Touch With an Experienced Car Accident Attorney to Discover Your Options

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.

Contact a Car Accident Injury Attorney Near Me

Steve Malman

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.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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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.

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