There you are, driving home, minding your own business, when all at once, another car slams into you. There will be an instant shock, and then you spring into survivor mode to check for any injuries.
If you’re able to, you’ll want to get your car off the road to avoid causing a traffic jam. That’s especially important if the car accident happens along I-57.
Then comes the information exchange with the other driver. You might feel understandably angry about the damage they caused, but it’s important to keep your feelings in check. You need to get contact information, license plate number, driver’s license card, and, most importantly, their insurance carrier. They will ask you the same.
Although there is no such thing as a “good accident,” the hope is that there will be no dispute about who is at fault and that insurance will cover all your damages. What happens if the driver who caused your accident is uninsured? That is where it gets complicated.
It is also when you need to involve an experienced Marion car accident attorney. Having a skilled lawyer helps you navigate the claims process, and a potential civil lawsuit is the best approach to ensure you are compensated for your losses.
Understanding Illinois Uninsured Motorist Coverage Requirements
Illinois mandates that every driver carry liability insurance. This protects you if you’re at fault in an accident. Unlike other states, Illinois also requires drivers to carry uninsured motorist coverage.
These are the insurance requirements:
Liability Coverage
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $20,000 for property damage per accident
Uninsured Motorist Coverage (UM)
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
This means if you have UM coverage, you would essentially be filing a claim against your own insurance carrier. What happens if your uninsured motorist policy does not cover all of your damages? That is when you might need to pursue a civil complaint against the at-fault driver.
Seeking Compensation Through a Personal Injury Lawsuit
Many drivers opt for the minimums when it comes to liability insurance coverage.
The thought is that you’re a good driver, so you would never cause an accident. However, when it comes to uninsured motorists, your coverage needs to assume the worst.
If you only have the minimum UM coverage, you might experience a financial loss if you get into an accident that causes more damage than your policy covers. At that point, you can opt to file a civil lawsuit against the at-fault driver, but there will be challenges to consider.
First, you need to go through your insurance company to receive the maximum payout.
Any outstanding balance on medical bills, lost wages, or damage to your car can be what you’re asking for in your civil complaint. The issue then becomes whether the at-fault driver would have the assets to compensate you. In other words, is it worth suing them if they could never pay?
It is also worth noting that your insurance company might require prompt notice of the crash. That usually needs to happen within 30 days of the incident. Beyond that, you only have two years from the date of the crash to file a civil complaint.
All of these options and challenges can be discussed with a qualified attorney to help you make an informed decision about the best course of action to seek your compensation.
Common Challenges When Dealing with Your Own Insurance Company
You might think that the same carrier to whom you’ve paid premiums for years would have your back. The truth is that the insurance company is all about profits. They can only protect their bottom line by minimizing the benefits they pay out.
That means even with an accident involving an uninsured motorist, they might try to shift the blame to you. That can reduce their exposure.
You need to be on the lookout for these common insurance company challenges:
- Claim Denials: Your insurers could refuse to provide coverage by arguing that your policy does not apply. They might also try to shift the blame to you. If they can prove that you caused the accident, you might not be entitled to compensation for your losses.
- Undervalued Payouts: You will present a list of damages that you want to be compensated for. The insurance company might have a different opinion of what you’re entitled to and offer you an undervalued payout.
- Delayed Processing: Despite their claim to be “be there when you need them,” insurers often slow-roll the claims process. You might find it hard to get someone to take your calls, or they request redundant documentation and are slow to make the payout.
- Recorded Statements: The insurance adjuster assigned to your claim might request a recorded interview to get your “side of the story.” They will be looking for any inconsistent statements that can be used against you to devalue your claim.
How a Marion Personal Injury Lawyer Can Help You
Someone who doesn’t carry car insurance might have plenty of reasons why they don’t have the policy. None of that matters when you have medical bills and car repairs to pay.
When you have to seek compensation from your insurance company or directly from the at-fault driver, having the support of an experienced Marion personal injury lawyer can be a huge asset.
The legal team at Prince Law Firm has helped many Marion residents lock down a fair resolution. We accomplish that by building a strong case based on compelling evidence.
We also rely on our decades of experience negotiating with all the major insurance carriers.
We’re extremely familiar with all their tactics and are fully prepared to take them head-on.
If we need to take the claim to civil court, it is because we have the confidence and the litigation skills needed to prevail. Our growing list of victories is proof that we get the job done.
If you were injured by an uninsured driver in southern Illinois, you do not have to navigate the claims process alone.
Contact Prince Law Firm for a free consultation to discuss your case.
Let’s find out together what should happen next.
