A guide to underinsured motorist claims in Illinois

underinsured motorist claim attorney

Illinois law requires all drivers to carry auto insurance. If you get into a serious accident with an underinsured motorist, chances are they will not be able to properly compensate you for your injuries because they do not have enough auto insurance coverage.

Per state requirements, all motorists must purchase auto insurance with liability limits of at least $25,000 per person and $50,000 total per accident for bodily injury, as well as $20,000 for property damage. The minimum amounts, however, are unlikely to cover the cost of injuries and damages a victim can suffer in a significant accident. For example, a hospital visit alone can rack up hefty bills.

Fortunately, you can still recover compensation for your losses even if you were involved in an accident with an underinsured driver who cannot pay your claim in full. You can file an underinsured motorist claim against your own insurance policy. This allows you to recover the difference between the insurance you purchased and the policy limits of the underinsured driver.

For example, you may have $75,000 in underinsured motorist coverage and the at-fault driver only has the state minimum insurance of $25,000. If you suffer $50,000 in injuries, your own insurance carrier would pay the additional $25,000 on the underinsured claim after exhausting the at-fault driver’s policy.

Under Illinois law, all car insurance policies must automatically include coverage for accidents caused by uninsured motorists. It is a good idea to also purchase underinsured motorist coverage to ensure you are protected in the event of a crash and receive fair compensation, regardless of the driver’s insurance status.

The idea of bringing a claim against your own insurance carrier can seem daunting. When you file an underinsured motorist claim, your insurance company is likely to make every effort to avoid paying you or try to give you less than what you are owed.

Because underinsured motorist claims can be complicated, it is important to seek assistance from a personal injury lawyer who is experienced in handling auto accident claims. If you have been injured in an accident with an underinsured driver, Briskman Briskman & Greenberg can help you successfully recover the compensation you deserve for your medical bills, repair costs and more.

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205 W Randolph St. Suite 925
Chicago, IL 60606

Phone: 312.222.0010
Fax: 312.222.1203


Two Northfield Plaza, Suite 385
Northfield, IL 60093-4126

Phone: 312.222.0010
Fax: 312.222.1203


Phone: 312.222.0010

175 N. Chicago St.
Joliet, IL 60432-4126

Phone: 312.222.0010
Fax: 312.222.1203



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The law firm of Briskman Briskman & Greenberg represents injured people throughout Illinois, including Chicago, the Chicagoland area, Joliet, Waukegan, Cicero, Evanston, Arlington Heights, Wheaton, Bolingbrook, and Naperville, as well as other cities within Cook County, Will County, DuPage County, Lake County and McHenry County. Briskman Briskman & Greenberg also represents injured people throughout Wisconsin, including Kenosha, Milwaukee, and Madison.

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