What If I Am In an Accident With an Uninsured Driver in Illinois?

 Posted on July 29, 2019 in Personal Injury

Like most states, auto insurance is a requirement for all motorists in Illinois. Not only will this help protect the driver, but it also protects others on the road if the driver is at fault for a car accident. According to the Office of the Illinois Secretary of State, Illinois’ mandatory auto insurance is one of the most significant consumer protection measures in the country.

What Are the Illinois Laws for Auto Insurance Coverage?

Illinois law requires drivers to carry their insurance card in their vehicle at all times, showing it to law enforcement officers upon request. Because this is a legal requirement, the consequences are fairly steep if someone drives without proof of insurance. For motorists who are stopped for a traffic violation or involved in a collision without the ability to provide evidence of their insurance, an officer may suspend the driver’s license plates and charge a minimum fine of $500 for driving uninsured. For those people driving with suspended license plates for a previous insurance violation who are convicted for a second time, their fine increases to a minimum of $1,000. 

Illinois has a mandatory minimum for insurance amounts in the case of a vehicle accident. The law lists out the minimum liability insurance coverage amounts that drivers are required to have. A motorist must have at least $20,000 in insurance coverage for damage to property of another person, at least $25,000 of coverage for the injury or death of one person in an accident, and at least $50,000 of coverage for injury or death of more than one person in an accident.

What to Do if You Are Hit By an Uninsured Driver

When an uninsured driver causes an accident, it complicates the situation. Most drivers will try anything to avoid the high fines and potential criminal charges they may face due to their lack of coverage. If you are involved in an accident with an uninsured driver, it is imperative that you follow these tips:

• Call the Police: This should be your first step in any accident. In the case of a crash involving an uninsured driver, the police report can give you additional credibility in your claim and potentially result in higher amounts of compensation. 

• Get the Driver’s Information: Recording the driver’s contact information and vehicle details is important for your claim. This information can be useful to your attorney throughout your case. 

• Collect Details Along the Way: Writing down the details of the scene while you are there is crucial. Note the color of the vehicle, the license plate number, the time and location of the accident, and the officer’s information. Cases like these may come down to your word against that of the other driver, so recording this information while on the scene will ensure that you do not forget anything later on.

• Do Not Accept Money: Many uninsured drivers will offer money on the spot to avoid any legal repercussions they may face for their lack of insurance. While the dollar amount may seem high at the time, it will most likely be much less than what you could receive with an experienced attorney’s help.

Contact an Arlington Heights Personal Injury Lawyer 

The final and most important step for those hit by an uninsured driver is to get help from a legal professional. When you are injured in an automobile accident, you may be able to receive compensation for your damages, regardless of the other driver's insurance coverage. In many cases, your own insurance policy will provide uninsured or underinsured motorist coverage. However, you should speak to an attorney before accepting an insurance settlement in order to ensure that the amount you receive will fully cover your damages. At Newland & Newland, LLP, we have more than 60 years of combined personal injury experience, and we can help you get the compensation that you deserve. If you have been involved in an accident with a driver who is not properly insured, contact our Rolling Meadows, IL car accident attorneys at 847-797-8000 for a free phone consultation.

Sources:

https://www.cyberdriveillinois.com/departments/vehicles/mandatory_insurance.html 

https://www.amfam.com/resources/articles/on-the-road/accident-with-uninsured-driver