There are dozens of laws in the Illinois driver’s manual, all centered on a common goal: preventing accidents.
In theory, if every driver followed these rules, the roads would be free of car crashes and collisions.
Unfortunately, despite the best efforts of most Prairie State drivers, accidents still occur due to negligence. One of the most serious and upsetting categories of accident is the hit-and-run.
What Is a Hit and Run Accident Under Illinois Law?
According to data collected by the National Highway Traffic Safety Administration (NHTSA), Illinois ranks among the top 10 states with the most hit-and-run accidents. That is a list no one wants to be on. Illinois law requires every driver to stop immediately after a collision.
It doesn’t matter if that crash happens between vehicles, a cyclist, or a pedestrian. Anyone involved in an accident must provide their name, address, and insurance information to the other parties.
Even if there is just damage to cars, such as a minor fender bender, drivers still have a duty to remain at the scene of the accident until information is exchanged and the police are notified. Failure to do so qualifies as a hit-and-run, which is automatically classified as a Class A misdemeanor.
If that crash results in injury or death, it becomes a felony.
As the victim of a hit-and-run accident, you might feel instantly overwhelmed and angry. After all, you’re now stuck with paying any medical bills or car repairs. Thankfully, you’re not stuck, but it will mean filing a personal injury claim with your insurance carrier.
What is Illinois’ Insurance Mandate?
Like most states, Illinois requires each driver to carry liability insurance. The minimum is as follows:
- $25,000 for injury or death of one person in a crash.
- $50,000 for injury or death of more than one person in a crash.
- $20,000 for damage to the property of another person.
Unlike other states, Illinois law also mandates that your liability insurance include uninsured motorist coverage. That is what would apply to a hit-and-run driver. Without further proof, a hit-and-run driver is assumed to be uninsured, and that means you can file a personal injury claim with your insurance company. That is where things can get complicated.
Can You File a Claim Against Your Own Insurance Company?
In an accident between two motorists where the at-fault party is clearly established, the at-fault party’s insurer will be responsible for paying for your damages. With a hit-and-run accident, you will file with your insurance company, which will conduct its own internal investigation. At that point, they might offer you a quick settlement to close the claim.
It’s important to remember that your insurance company will always be focused on its own bottom-line profits. The settlement they offer might not be sufficient to cover the totality of your damages.
Because this is your insurance company, you might assume they are protecting your best interests and that their offer will be the best you can get.
Does that mean you need to be on the hook for the damages caused by a hit-and-run driver?
Not necessarily, but it might mean getting support from an experienced personal injury lawyer, as you’ll find at the Prince Law Firm.
The Benefits of Retaining a Personal Injury Attorney
In a hit-and-run accident, there will be a limited amount of evidence. You might not have been able to write down a license plate. However, there could be surveillance footage from traffic cameras or witness statements that can help the police catch the motorist, but there is no guarantee they will be able to track them down.
When the Prince Law Firm agrees to represent the victim of a hit-and-run accident, we will take over negotiations with the insurance company.
Our position will be that the victim of a hit-and-run accident is entitled to the maximum benefits allowed under their insurance policy. If the insurance company does not cooperate, we might recommend filing a civil complaint. In that scenario, the insurance company will need to defend its actions before a jury.
Of course, if the hit-and-run driver is eventually caught, you might also be able to file a civil complaint against them. If it turns out they did have insurance, but your insurance company already settled with you, those funds won’t be taken away.
That’s when the insurance companies can battle amongst themselves.
The Prince Law Firm always puts its clients’ needs above the demands of an insurance carrier. If you’ve been the victim of a hit-and-run accident, we want to hear from you.
Call to set up a free case evaluation today.
