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Uninsured motorist coverage refers to those who are found at fault in an auto accident but do not have automotive insurance to be held liable. Even though drivers are legally required to have insurance, it is not uncommon to find uninsured motorists, especially in Cook County, Illinois. If you do have auto insurance in Cook County, you likely have what is called uninsured motorist coverage.
Uninsured motorist coverage is put in place to cover your assets if you are in an accident with an uninsured motorist. This insurance will provide for your loss of life, loss of wages, pain and suffering, and personal injury claims if the defendant is uninsured and unable to compensate you for your losses. If a motorist is uninsured, it is also unlikely they will have the funds to settle your claims, so uninsured motorist coverage can go a long way.
Essentially, this coverage will ensure that you not only recover any damages you are owed for your accident but also that any of the defendant’s liabilities will be covered by your insurance policy if need be. I highly recommend that all of my clients invest in uninsured motorist coverage. This coverage is expected to the point that you need to file a signed form with the state of Illinois declaring that you do not want uninsured motorist coverage in order to opt out.
In Illinois, specifically Cook County, the insurance policy you hold with your insurance company governs the process of making an uninsured motorist claim. This is typically a private legal process that involves arbitration and work with a good attorney.
First, your insurance company will be notified that you intend to file a claim. As different policies may include different stipulations about your timeline, it is best to give your insurance company adequate notice of your claims as soon as possible.
After notice has been given, we will collect all necessary medical bills and supporting documents that will serve as evidence. However, the case will be handled by a group of 1-3 arbitrators, depending on the scope of the case. Your arbitrators will take the place of a jury in deciding what your case is worth.
First off, the ticket for uninsured driving comes at a high price. Currently, drivers caught without insurance could be on the hook for up to $1,000.
Second, the law does not generally protect uninsured drivers or the associated victims. The only protection against uninsured drivers is obtaining an insurance policy that will cover you in a UIM accident.
In this scenario, you would largely take the same steps as in an accident with an insured driver. It is possible that another driver may have proof of insurance while their policy is inactive, so you may not learn their insurance status right away.
Since this is not an uncommon occurrence, I encourage my clients to handle every accident the same by collecting contact information and insurance information before filing a police report. Ensure you have all of the necessary information about the other driver because most of this information will be required to determine whether their policy is active.
We have had countless cases where clients do not think they can recover anything from their claims because the other driver was not insured. It is important to know that this is not the case. Being hit by an uninsured driver does not disqualify you from recovering compensation for your injuries and losses. Sometimes, the recovery rate in these accidents is even higher.
In certain cases, you may be hit by someone with substandard or nonstandard insurance. In this event, you may receive a better recovery depending on the underinsured motorist coverage on your policy. However, the most important step is contacting an attorney right away to navigate the legal minefield and continue your recovery.
For more information on What Happens If The At-Fault Driver Is Uninsured Or Underinsured, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (312) 586-2820 today.