RESULTS MATTER
I retained Paul Padda after firing my other lawyer. Best decision I ever made! He did a fantastic job for me in handling my personal injury case. Always courteous and cares about his clients. Great office staff that cares about people. With Mr. Padda, I felt comfortable every step of the way. My first choice for a lawyer!
Paul Padda is a great attorney that cares about his clients. I hired him and was impressed. Very good in court and handled my case really well. He took the time to understand my case and cared about me as a person. He would be the first person I call if I need an attorney again.
Overview
Protecting Your Rights When Hit by an Uninsured Driver
Despite Illinois law requiring all drivers to carry liability insurance, more than 15 percent of Illinois drivers are uninsured. This means almost two million drivers on Illinois roads operate without insurance coverage, putting responsible drivers at significant financial risk. When an uninsured motorist causes a crash in Chicago, victims face complex challenges recovering compensation for medical bills, lost wages, and vehicle damage. Understanding your rights under Illinois uninsured motorist (UM) and underinsured motorist (UIM) laws proves essential for securing the compensation you deserve.
Illinois recognizes this problem and mandates that all car insurance policies must include coverage for accidents caused by uninsured and underinsured motorists. This required coverage provides crucial protection when at-fault drivers cannot pay for the damage they cause. However, insurance companies often dispute claims, minimize injuries, and delay payments even when coverage clearly applies. The distinction between uninsured and underinsured claims, policy stacking options, and coordination with other coverage creates additional complexity requiring experienced legal guidance.
Paul Padda Law’s Chicago uninsured motorist lawyers fight aggressively for accident victims facing these frustrating situations. We understand the tactics insurers use to avoid paying legitimate claims and know how to counter their arguments effectively. Whether pursuing first-party claims under your own policy or exploring third-party liability options, we work to maximize your recovery through every available avenue.
Don’t let an uninsured driver’s irresponsibility leave you with unpaid bills and uncompensated injuries. Contact Paul Padda Law at (312) 702-7000 or through our online form for a free consultation about your uninsured motorist claim.
Illinois Auto Insurance Requirements and UM/UIM Coverage
Illinois law establishes specific insurance requirements designed to protect all road users, but understanding these mandates and how they interact proves crucial after accidents with uninsured drivers.
Minimum Liability Requirements:
Illinois requires all drivers to carry:
● Bodily Injury: $25,000 per person / $50,000 per accident
● Property Damage: $20,000 per accident
● Uninsured Motorist: $25,000 per person / $50,000 per accident (automatic)
Mandatory UM/UIM Coverage:
Illinois law requires all auto insurance policies to include uninsured motorist coverage with minimum liability limits of $25,000 per person and $50,000 per accident. Key features include:
Automatic Inclusion:
● UM coverage automatically matches liability limits
● No separate purchase necessary
● Coverage amounts in excess of the minimum must be rejected in writingProtects all vehicle occupants
What UM/UIM Covers:
● Medical expenses from injuries
● Lost wages and earning capacity
● Pain and suffering damages
● Death benefits for fatal accidents
● Hit-and-run accidents
● Stolen vehicle collisions
Property Damage Coverage: Illinois allows drivers to purchase uninsured motorist property damage (UMPD) coverage, which can cover vehicle repairs and other property damage caused by an uninsured driver. This optional coverage fills gaps when collision coverage is absent.
Policy Stacking Options:
Illinois courts generally enforce “anti-stacking” provisions but if the policy terms are vague or ambiguous you may be able to “stack” UM/UIM coverage in certain situations, such as:
● Multiple vehicles on same policy
● Multiple policies within household
● Combining coverage for higher limits
● Strategic maximization of available benefits
Difference Between Uninsured and Underinsured Motorists
Understanding the distinction between uninsured and underinsured motorist claims affects how you pursue compensation and which coverage applies.
Uninsured Motorists:
Definition: Drivers completely lacking auto insurance coverage, including:
● Never purchased insurance
● Let policy lapse (intentionally or accidentally)
● Policy canceled for non-payment
● Coverage denied by insurer
● Hit-and-run drivers (treated as uninsured)
● Stolen vehicle operators
Coverage Application: Your UM coverage becomes primary source of compensation, paying up to policy limits for damages the uninsured driver caused.
Underinsured Motorists:
Definition: Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their liability coverage is insufficient to fully compensate you for your injuries.
Coverage Triggers When:
● At-fault driver’s limits are exhausted
● Your damages exceed their coverage
● Gap exists between their limits and your losses
● Multiple victims share inadequate coverage
How UIM Works: Your UIM coverage pays the difference between the at-fault driver’s limits and your actual damages, up to your UIM policy limits.
Practical Examples:
Uninsured Scenario: You suffer $75,000 in damages. The at-fault driver has no insurance. Your $50,000 UM coverage pays $50,000, leaving $25,000 uncovered.
Underinsured Scenario: You suffer $75,000 in damages. The at-fault driver has $25,000 coverage. After collecting their $25,000, your $50,000 UIM coverage pays the remaining $50,000.
What to Do After a Crash with an Uninsured Driver
Taking proper steps immediately after an accident with an uninsured driver protects your health, legal rights, and ability to recover compensation.
Immediate Actions:
Ensure Safety:
● Check for injuries
● Move to safe location if possible
● Call 911 for serious injuries
● Stay out of traffic
Call Police:
● Always request police response
● Ensure official report documents uninsured status
● Get report number
● Request copy when available
Document Everything:
● Photograph vehicle damage
● Capture accident scene
● Document injuries
● Record weather/road conditions
Gather Critical Information:
From the Other Driver:
● Full name and contact information
● Driver’s license number
● Vehicle make, model, color
● License plate number
● Admission of no insurance
● Any insurance information claimed
From Witnesses:
● Names and phone numbers
● Written statements if possible
● Contact information for follow-up
● What they observed
If Driver Flees (Hit-and-Run):
● Never pursue fleeing driver
● Note vehicle description
● Capture any partial plate information
● Look for surveillance cameras
● Report immediately to police
● Contact your insurer within 24 hours
Medical Treatment:
● Seek immediate medical attention
● Document all symptoms
● Follow treatment recommendations
● Keep all medical records
● Track expenses and missed work
Insurance Notification:
● Report to your insurer promptly
● Provide claim number to providers
● Avoid recorded statements initially
● Don’t accept quick settlements
● Consult attorney before major decisions
Obtaining Compensation After an Uninsured Motorist Accident
Recovering damages after an uninsured driver causes an accident requires an understanding of all available compensation sources and strategically pursuing maximum recovery.
Primary Recovery Methods:
First-Party UM/UIM Claims: Filing under your own policy provides:
● No-fault benefits regardless of liability disputes
● Immediate coverage for medical treatment
● Protection up to your policy limits
● Coverage for all occupants
● Bad faith protection under Illinois law
Third-Party Liability Claims: Suing the uninsured driver directly when:
● Driver has substantial personal assets
● Driver owns valuable property
● Business assets are available
● Future earnings can be garnished
● Criminal restitution is ordered
Alternative Coverage Sources:
Other Applicable Policies:
● Vehicle owner’s insurance (if different from driver)
● Employer’s commercial coverage (if working)
● Rental company insurance
● Household member policies
● Umbrella policies
Additional Recovery Options:
● Health insurance (with subrogation rights)
● Medical payments coverage
● Collision coverage for property damage
● Workers’ compensation (if working)
● Disability insurance
Insurance Company Challenges:
Despite mandatory coverage, insurers often create obstacles:
Common Tactics:
● Disputing injury severity
● Claiming pre-existing conditions
● Delaying claim processing
● Offering inadequate settlements
● Requiring excessive documentation
● Misrepresenting coverage terms
Your Rights Include:
● Full policy benefits
● Prompt claim handling
● Good faith treatment
● Complete compensation within limits
● Attorney representation
● Bad faith remedies
Pursuing Your Uninsured Motorist Claim
Successfully pursuing UM/UIM claims requires an understanding of procedural requirements, policy terms, and strategic considerations.
Filing Your Claim:
Initial Steps:
● Notify insurer immediately
● Provide basic accident information
● Request claim number
● Confirm coverage details
● Document all communications
Required Documentation:
● Police accident report
● Medical records and bills
● Wage loss verification
● Photographs of injuries/damage
● Witness statements
Dealing with Your Insurance Company:
Important Considerations: When you file a claim for coverage under an uninsured motorist policy, this may cause you to be treated like a third-party claimant. Your insurer’s interests may conflict with yours.
Protecting Your Rights:
● Review policy language carefully
● Understand coverage limits
● Know deadlines for filing
● Document everything
● Consider legal representation early
Time Limits and Deadlines:
Critical Timeframes:
● Police report: Immediately
● Insurance notification: As soon as possible
● Medical treatment: Prompt and ongoing
● Claim filing: Per policy terms (often 30 days)
● Lawsuit filing: 2 year statute of limitations for personal injury
● Arbitration demands: Per policy requirements
Automobile insurance contracts generally have clauses that require you to bring a claim within a certain period after the accident. Missing these deadlines can forfeit your rights.
Maximizing Your Recovery:
Strategic Approaches:
● Identify all available coverage
● Stack multiple policies when possible
● Document future medical needs
● Calculate total economic losses
● Properly value pain and suffering
● Coordinate benefits effectively
Hit-and-Run Accidents and UM Coverage
Hit-and-run crashes present unique challenges, but Illinois UM coverage provides crucial protection when negligent drivers flee accident scenes.
Coverage for Hit-and-Run Victims:
If you are in a collision and the other car drives away, you do not have the opportunity to find out if he or she has insurance. In this situation, your uninsured motorist coverage will kick in and cover your personal injuries.
Requirements for Coverage:
● Physical contact with vehicle
● Prompt police report filing
● Reasonable efforts to identify driver
● Timely insurance notification
● Cooperation with investigation
Investigating Hit-and-Run Cases:
Evidence Sources:
● Surveillance cameras
● Traffic cameras
● Witness accounts
● Vehicle debris
● Paint transfer
● Damage patterns
Why Drivers Flee: Many hit-and-run drivers are uninsured, explaining their flight. Others may be impaired, have warrants, or lack valid licenses.
Why Choose Paul Padda Law for Your Uninsured Motorist Case
Uninsured motorist claims require attorneys who understand both insurance law complexities and aggressive litigation strategies. Paul Padda Law brings proven experience maximizing recovery for clients injured by irresponsible uninsured drivers.
Our Comprehensive Approach:
Thorough Investigation: We identify all coverage sources, investigate the uninsured driver’s assets, and build compelling evidence supporting your damages.
Aggressive Negotiation: We counter insurance company tactics, demand full policy benefits, and refuse inadequate settlements.
Strategic Litigation: When necessary, we pursue bad faith claims, file lawsuits against uninsured drivers, and take cases to trial for maximum recovery.
Results That Matter:
Our track record includes substantial recoveries for clients injured by uninsured and underinsured motorists throughout Chicago. We understand the frustration of being victimized twice, first by the negligent driver, then by insurance company delays.
No Recovery, No Fee:
We work on contingency, meaning you pay nothing unless we secure compensation for you. This ensures everyone has access to quality legal representation regardless of their financial situation.
Contact Chicago’s Trusted Uninsured Motorist Lawyers
If an uninsured or underinsured driver injured you anywhere in Chicago or throughout Illinois, don’t face the insurance companies alone. Paul Padda Law provides experienced representation to ensure you receive every dollar of compensation available under the law.
We understand the financial stress uninsured motorist accidents create. Medical bills accumulate, vehicles need repair, and lost wages strain family budgets. Our aggressive approach challenges insurance companies that prioritize profits over legitimate claims.
Contact Paul Padda Law today at (312) 702-7000 or use our online form to schedule a free consultation with experienced Chicago uninsured motorist lawyers who will fight for the compensation you deserve.