As a responsible vehicle owner, you always meet the state’s minimum insurance requirements. You may even be carrying full coverage auto insurance. You expect other motorists to have at least liability insurance. After all, it’s the law in Illinois.
Unfortunately, not all drivers are insured and this presents problems if an accident occurs. Primarily recovering compensation for your damages.
So, what are the factors affecting the value of an uninsured motorist claim? We’re taking a look at these factors so you’re better prepared if you’re involved in a car collision with an uninsured motorist.
Minimum Auto Insurance Requirements in Illinois
Every state has minimum insurance requirements all vehicle owners must meet. Failing to meet these requirements can result in fines and possible license suspension. The requirements differ from state to state. In Illinois, all drivers with vehicles registered in the state must carry at least the state’s minimum insurance requirements:
Bodily injury: $25,000 per person and $50,000 per accident
Property damage: $20,000 per accident
Uninsured motorist: $25,000 per person and $50,000 per accident
State law also requires drivers to keep their insurance cards in their vehicles. This way, if proof of insurance is requested by a law enforcement officer you can show you’re either meeting or exceeding the state’s requirements. Failure to provide proof of insurance usually results in a non-moving traffic violation.
You’re assigned a date in traffic court. If you provide proof of insurance before or on your court date the ticket is usually dismissed. However, you may still be responsible for paying court costs.
Recovering Compensation in an Uninsured Motorist Accident
Vehicle accidents, even minor ones, can result in extensive damage. You may suffer injuries, along with property damage. These costs can quickly add up so how do you recover compensation?
You have a couple of options on how you work to recover compensation in an uninsured motorist collision. If you’re carrying full or uninsured coverage, your auto policy provider should cover at least some of your damages up to the policy’s cap. Any expenses above your policy’s cap can’t be recovered through your insurance provider.
What happens if you’re only carrying liability insurance? Liability auto insurance only covers damages the other driver sustains when you’re responsible for causing the accident. You can’t file a claim for your damages with your liability insurance provider. Your health insurance may cover some or all of your medical expenses but this depends on your policy’s terms. Not all health insurance policies cover injuries sustained in auto accidents.
Another option is to file a lawsuit against the at-fault party. This isn’t a lawsuit involving an insurance company, instead, it’s directly against the individual. Depending on the strength of your supporting evidence, there’s a chance you can win your case. This can be especially true if you’re represented by an experienced personal injury attorney.
Unfortunately, there’s also no guarantee you’ll ever recover compensation for the uninsured driver. Chances are, if they can’t afford auto insurance they don’t have the funds to settle your case. This usually means you’re responsible for covering your damages out of your pocket.
Additional Factors Impacting the Value of an Uninsured Motorist Claim
The type of auto insurance you carry can have a huge impact on your ability to recover compensation in an uninsured motorist claim. However, a few other factors can come into play.
Comparative Negligence
Illinois is a modified comparative negligence state. This insurance rule allows for more than one driver to be responsible for the same accident. Each involved driver is assigned a percentage of the blame. Who assigns blame? Usually, the accident scene investigators and insurance adjusters determine fault in car accidents.
As long as you’re not assigned more than 50% of the blame, you can still file a compensation claim. This applies whether you’re filing a claim with your insurance company or against the uninsured driver. However, your settlement amount is reduced by your percentage of fault.
If your claim’s value is $100,000, and you’re assigned 50% of the blame, you receive a settlement check for $50,000. A reduced claim value may make it easier to recover compensation from the uninsured driver but this can also leave you with outstanding expenses.
Missing the Statute of Limitations
All states have statutes of limitations on accident claims. This refers to the time you have to file a personal injury claim with your insurance provider or against the uninsured motorist.
The statute of limitations varies by state. Some states only give you one year while others go up to four years. Illinois gives accident victims two years to file an injury claim. The clock usually starts ticking on the date of the accident. However, it can also start when you discover your injuries. In this instance, you have two years to file a claim from the date your injuries are diagnosed.
What happens if you miss the statute of limitations? Chances are you aren’t going to be able to file a claim and recover compensation.
What Happens if Your Uninsured Motorist Claim Is Denied
If you’re carrying full or uninsured motorist coverage and your accident claim is denied, don’t give up. As long as your policy doesn’t specifically state damages caused by an uninsured motorist aren’t covered, you can usually file an appeal.
Appealing an insurance claim denial usually means gathering more evidence. Read carefully through the denial letter to find out what your claim may be missing. After gathering your supporting evidence, you’re also going to need to submit a detailed appeal letter to the insurance company. Make sure you address the reason why you believe your claim should be approved. This may include listing details in your policy.
Improving Your Chances of Winning Compensation in an Uninsured Motorist Claim
There’s a simple way to avoid running into issues with your uninsured motorist claim. Partnering with an experienced accident attorney can help the process go a little more smoothly.
From negotiating with the insurance company to ensuring all filing deadlines are met, your personal injury lawyer can help ensure you can recover at least some of your damages.
