What Happens if You Are Hit by An Uninsured Driver?
June 4, 2018
Car insurance is essential to cover expensive medical bills and car repair costs after a motor vehicle accident. While all Illinois drivers are required to hold car insurance, the reality is that not all do.
All accidents are stressful, but your stress increases when you learn that the other driver has no insurance. Many questions will probably come to mind: Who will pay for my medical bills? Will I have to pay for the damages sustained by my car? What happens next?
Illinois is an at-fault state
As an at-fault state, the person responsible for the accident is liable for the other party’s damages. Typically, their insurance provider pays the other driver’s medical bills and car repair costs. However, when you are hit by an uninsured motorist, they do not have insurance to pay your bills. Instead, a couple things may happen:
1. The uninsured motorist will pay your bills. Legally, the at-fault driver is responsible for paying your damages. Without insurance, they are expected to pay out-of-pocket.
2. You can file a lawsuit against the at-fault party if they fail to pay. In many cases, an uninsured motorist lacks substantial assets and they may be unable to fully cover the costs from the accident.
3. Your own insurance policy may cover the damages. Under Illinois law, you are required to hold uninsured motorist coverage, with a minimum of $25,000 per person or $50,000 per accident. However, your damages may exceed the amount covered by your insurance policy, or your insurer may try to reject your claim.
An experienced personal injury attorney can evaluate the circumstances surrounding your accident and advise you on what steps to take after your accident. Your financial security should not suffer due to the negligence of another driver. When insurers try to reject your just claim, or the responsible party fails to pay, it is important to have an ally on your side to provide the strong support you deserve.