Illinois law requires that drivers purchase insurance to protect innocent members of the public from accidents. Unfortunately, about 16% of all drivers in the state lack this required coverage. The result? Uncompensated losses and financial distress. Call Michael J. Lichner today to speak with a Will County car accident lawyer. An accident with an uninsured driver should not bankrupt you, and a lawyer with the right knowledge of insurance law can advocate for compensation.
What to Do When Hit by an Uninsured Driver
You probably won’t know a driver is uninsured until you ask to see their insurance card, and they either admit they lack coverage or hand over an old insurance card that has expired. Some accident victims only discover the other driver was uninsured months after the collision.
After a car accident, both drivers should file a crash report with the Department of Transportation, which will investigate and identify whether any driver was uninsured. The DOT will then notify the police, and you will find out that an uncovered driver crashed into you and caused injury.
Here are the immediate steps to take after an accident with an uninsured driver:
- Contact the nearest police station to report the wreck. An officer should come to the scene to create an accident report, which is an important piece of evidence to use in settlement negotiations.
- Swap personal details with the driver of the other vehicle, including residence, phone number, license plate, and registration. You can also share your insurance information.
- Speak to witnesses who are still at the scene and ask if you can have their phone number or email. Your lawyer might want to speak with them later to figure out what they saw.
- Photograph the cars, the surrounding area, and anything else that looks relevant. These pictures help establish what the accident scene looked like at the hour of the crash.
- Avoid admitting fault or claiming responsibility for the wreck. That is a good way to ensure you receive no compensation for your injuries or car damage. Instead, you can simply stand silently and wait for the police to arrive.
- Immediately receive medical care when you are done at the crash site. Any accident can likely cause painful injuries, including sprains, fractures, neck injuries, and concussions. You will improve the chance of a full recovery by going to the hospital. Remember to tell the doctor that you were hurt in a car accident.
These necessary steps help document the accident and its effects on you. We recommend all motorists follow these steps, whether their driver has insurance coverage or not.
Receiving Compensation for a Car Accident with an Uninsured Driver at Fault
In a typical accident, the at-fault driver’s insurance will pay compensation to injured victims. But when the at-fault driver has no insurance, it’s much harder for victims to get what they deserve. There is no insurance policy, and many drivers lack other resources. An injured car accident victim may receive nothing.
There is good news: uninsured motorist coverage in Illinois is automatically included in your insurance policy. If you purchased liability insurance (as required by law), then you should automatically have uninsured motorist insurance. As the name suggests, this insurance will cover accidents where the at-fault motorist is uninsured.
Our clients use their uninsured motorist insurance to pay damages related to bodily injury, such as medical care and lost wages. Uninsured motorist coverage is still fault-based—meaning, you cannot have the majority blame for the wreck. If you do, then you will not receive compensation.
Other Ways to Cover the Costs of an Accident
Any car accident could prove financially devastating. Some other costs include the need for repairs to your vehicle. The price of auto repair has skyrocketed over the past few years, and even a minor fender bender could cost thousands to repair so that you can drive the vehicle again.
Check if you have collision coverage, which most car loan lenders require. This insurance will pay to fix your car; even better, it is no-fault insurance coverage, so there should not be any lengthy disputes around fault. Go through your insurance paperwork to see if you have collision coverage.
Another option is to use medical payment coverage to pay for bodily injuries. Medical payment insurance is optional, but some people have at least a few thousand dollars in coverage. This money could potentially pay for the deductible on your health insurance.
Do You Need a Lawyer to File an Uninsured Motorist Claim?
You might think this type of claim is easy. After all, you are paying the premiums for your uninsured motorist coverage. Unfortunately, any insurance company hopes to pay out as little as possible, so they could certainly deny your claim. We recommend anyone involved in a wreck with an uninsured driver pick up the phone and call our office.
For example, your insurer might claim you are partially to blame for the accident based on the police report. Some police officers make a preliminary determination of fault in the report, but the finding is just that- preliminary. Your insurer might seize on this language to deny your uninsured accident claim.
Michael J. Lichner can jump in and analyze all the evidence related to the crash. Our firm can then pull together an explanation of what happened and minimize our client’s fault for the accident. We have negotiated settlements for many uninsured motorist claims. Let us review the case and determine whether you have a strong shot at receiving compensation.
Free Consultation with a Will County Car Accident Lawyer
Michael J. Lichner started practicing law to help people who suffer serious injuries obtain the compensation they deserve. Uninsured drivers cause too many accidents, and innocent people suffer. Hopefully, our firm can seek compensation on behalf of our clients, either by submitting a claim on the uninsured motorist portion of a policy or by filing a lawsuit against the defendant. Contact us to schedule your free consultation today by calling or messaging us online.