What Happens if You Are Hit by an Uninsured Driver in Illinois?

 Posted on October 08, 2025 in Car Accident

Unfortunately, not everyone abides by Illinois’s car insurance laws. If you are hit by a driver who does not have insurance, you still have options for covering your losses. With help from experienced Palatine, IL car accident lawyers, you can file a claim and fight for the compensation you deserve.

What Are Illinois’ Minimum Car Insurance Requirements?

Under 625 ILCS 5/7-601, every driver in Illinois must carry liability insurance. This coverage pays for injuries or property damage caused to someone else in a crash. The law requires minimum coverage of:

• $25,000 per person for death or injuries

• $50,000 for two or more people

• $20,000 for property damage

Despite the law, many people still drive without insurance. When an uninsured driver causes a crash that harms someone else, the injured person may be left with expensive medical bills and repair costs. To address this issue, Illinois drivers are also required to have coverage that protects them from uninsured or underinsured drivers.

How Does Uninsured Motorist Insurance Work in Illinois?

Uninsured motorist coverage is required by 215 ILCS 5/143a. It helps pay for your losses if you are in a crash caused by a driver who does not have insurance. It also applies in hit-and-run accidents when the other driver cannot be found.

In these cases, your own insurance company pays for your damages. These can include medical expenses, lost wages, pain and suffering, and repairs to your vehicle. You must file a claim with your own insurer to receive benefits, but the company may not make the process easy. It is common for them to try to downplay your damages and what they owe you. This is where your attorney will step in to protect your rights and fight for a fair settlement.

Can You Sue an Uninsured Driver in Illinois?

Under 735 ILCS 5/2-101, you can sue an uninsured driver for damages. Filing a lawsuit gives you the chance to hold the at-fault driver accountable for your injuries, property damage, and other losses. However, winning a lawsuit is only one part of the process. Actually collecting the money you are owed can be much harder.

The court may side with you. However, uninsured drivers often do not have enough assets to pay a judgment. In that case, your attorney may look for other possible sources of compensation. For example, if the uninsured driver was driving a company vehicle or making a delivery, their employer might share legal responsibility. If a mechanical problem contributed to the crash, the vehicle’s manufacturer or a repair shop could also be liable.

An experienced personal injury attorney can review all available options and identify anyone else who may be at fault. They can also work with your insurance company to make sure your uninsured motorist claim is handled correctly.

Schedule a Free Consultation With a Schaumburg, IL Car Accident Attorney

At Newland & Newland, LLP, we care deeply about the communities and clients we serve. With many decades of combined experience and millions of dollars recovered in verdicts and settlements, we have built a strong record of success for car accident victims across Cook County and nearby areas. We know how to take on insurance companies and protect your rights every step of the way.

Contact our Palatine, IL car accident lawyers today at 847-797-8000 to schedule a free consultation and learn how we can help after a crash with an uninsured driver. Hablamos Español.