What Happens If You’re Injured By An Uninsured Driver?

Tuesday, June 30, 2015

What Happens If You’re Injured By An Uninsured Driver?

Written by Malman Law, reviewed by Steve J. Malman.

If you’ve been in a car accident, you have likely experienced multiple damages. Property damages, medical bills, emotional trauma, and lost wages can be overwhelming and expensive. Insurance exists to help offset or even fully cover these costs. The insurance of the person at fault should cover these damages, but what if that person doesn’t have insurance? This scenario is actually more common than most people think. Even though motorists are required by law to carry minimum collision insurance, some don’t.

Underinsured Vs. Uninsured

If you’ve been hit by an underinsured or uninsured motorist, there is still help. Depending on several factors, including your own insurance policy, you may be able to recoup the majority of associated expenses. If you are involved in any car accident – but especially if the other party is underinsured or uninsured – take the following steps.

  • Obtain the other driver’s insurance information, driver’s license number, plate number, and contact information. In order to collect payment, you will need to contact the other driver. Don’t walk away without this essential information.
  • Contact your insurance company. Your policy most likely has some type of underinsured or uninsured motorist coverage. This coverage kicks in when the driver at fault has inadequate coverage and the damages exceed policy limit, or the driver has no coverage at all.
  • Contact an attorney. Liability is not dependent on insurance coverage. If the other driver is at fault, he or she is liable even if insurance coverage is non-existent. An experienced motor vehicle accident attorney is crucial in this type of situation.

Underinsured and Uninsured Insurance Coverage

If you are hit by an underinsured or uninsured driver, and you only have liability coverage, your insurance policy will not pick up the difference. It is very inexpensive, and wise to add this type of coverage to your policy. A few extra dollars each month can save you thousands if you’re involved in an accident. However, if you choose not to get this coverage, there are still options. One option is to sue the driver for damages. The unfortunate reality is that if the driver couldn’t afford insurance coverage, the chance of recovering significant compensation is relatively low. That doesn’t mean you shouldn’t sue, however, because Illinois allows underinsured and uninsured drivers to pay damages through an installment plan. The two parties must agree to this arrangement and both must sign the agreement. If the person making payments defaults, his or her license may be suspended until payments resume.

Malman Law – Chicago Motor Vehicle Accident Attorneys

Auto accidents can be financially, physically, and emotionally devastating. At Malman Law, we have successfully obtained compensation for countless victims of auto accidents, including those involving underinsured and uninsured motorists. With over 22 years of experience in personal injury law, Steven J. Malman and his dedicated legal team have the knowledge and talent to get you the compensation you deserve. Contact us today for a free consultation about your case.

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
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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