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Des Plaines Uninsured Motorist Accident Lawyer

Getting hit by an uninsured driver is one of the most frustrating situations you can face after a car accident. You did everything right. You followed the law, carried insurance, and drove safely. But now you’re dealing with medical bills, a damaged car, and an at-fault driver who has no coverage to pay for any of it. If this happened to you near Des Plaines, along the I-294 Tri-State Tollway, or anywhere in the Chicago metro area, you need to know your rights and your options. The team at Chicago personal injury lawyer Briskman Briskman & Greenberg is ready to help you fight for the compensation you deserve.

The Uninsured Driver Problem in Illinois
What Illinois Law Requires for Uninsured Motorist Coverage
How Illinois Law Affects Your Uninsured Motorist Claim
What Damages Can You Recover After an Uninsured Motorist Accident?
Steps to Take After an Uninsured Motorist Accident in Des Plaines
Why Choose Briskman Briskman & Greenberg for Your Des Plaines Uninsured Motorist Case
FAQs About Des Plaines Uninsured Motorist Accidents

The Uninsured Driver Problem in Illinois

Illinois law is clear. Under 625 ILCS 5/7-601, no person may operate, register, or maintain registration of a motor vehicle on a public highway in this state without a liability insurance policy. The law requires every driver to carry it. Yet a significant number of drivers ignore this requirement every single day.

In 2023, more than one in seven drivers nationally (15.4 percent) were uninsured, according to a report by the Insurance Research Council. The problem is even more pronounced when you factor in underinsured drivers. Across all fifty states and Washington, D.C., one in three drivers (33.4 percent) were either uninsured or underinsured in 2023, a 10 percentage point increase in the combined rate since 2017.

In Illinois specifically, the numbers are troubling. Approximately 13% of Illinois drivers are uninsured. That means on any given day, when you are driving through Des Plaines on Touhy Avenue, merging onto I-90 near O’Hare International Airport, or heading south on Mannheim Road, there is a real chance that someone around you is driving without any insurance at all.

Why does this happen? Rising insurance costs play a big role. With the average cost of full coverage at $205 per month as of late 2024, affordability is one reason why there are so many uninsured drivers on the road. But cost is no excuse under Illinois law, and it certainly does not excuse the financial harm caused to innocent accident victims. If you were hurt by an uninsured driver in or around Des Plaines, you have legal options, and Briskman Briskman & Greenberg can walk you through all of them.

What Illinois Law Requires for Uninsured Motorist Coverage

Illinois does not just require drivers to carry liability insurance. It also requires them to carry uninsured motorist (UM) coverage. This is an important protection that many drivers do not fully understand until they actually need it.

Illinois law requires uninsured motorist limits of at least $25,000 per person and $50,000 per accident. Uninsured motorist bodily injury coverage covers you for bodily injury caused by a hit-and-run driver or an at-fault driver who has no auto liability insurance. This coverage is not optional in Illinois. Unlike most states, Illinois requires uninsured motorist bodily injury coverage. You cannot waive or reject it.

What about property damage to your car? Uninsured motorist property damage insurance covers damage to your vehicle caused by an identified, at-fault, uninsured driver. This optional coverage may be purchased with or without collision coverage. So if you only carry the minimum required coverage, your car repairs may not be covered after an accident with an uninsured driver.

What about drivers who have some insurance but not enough? Underinsured motorist bodily injury insurance pays the difference between your UIM limits and the liability limits of the at-fault driver, if lower than your UIM limits. Illinois law (215 ILCS 5/143a-2) requires this type of coverage if you purchase higher limits of uninsured motorist bodily injury coverage. Understanding these distinctions matters when you are trying to figure out how to recover after a crash. An attorney at Briskman Briskman & Greenberg can review your policy and help you understand exactly what coverage applies to your situation.

How Illinois Law Affects Your Uninsured Motorist Claim

Filing an uninsured motorist claim in Illinois is not as simple as calling your insurance company and waiting for a check. There are legal rules, deadlines, and procedures that govern how these claims work. Knowing them can make the difference between a fair recovery and walking away with nothing.

Illinois follows a modified comparative fault system. Under 735 ILCS 5/2-1117, all defendants found liable in a negligence action are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. Any defendant whose fault is 25% or greater of the total fault is jointly and severally liable for all other damages as well. This matters in uninsured motorist claims because it affects how liability is assigned and how much you can recover.

Illinois also has a two-year statute of limitations for personal injury claims under 735 ILCS 5/13-202. Miss that deadline and you lose your right to sue. For uninsured motorist claims, your own insurance policy may also have specific notice and arbitration requirements. Any settlement agreement in an underinsured motorist claim is binding upon both the insured and the insurer, and no such agreement can be concluded unless the insured has complied with all applicable policy terms and conditions.

Insurance companies are not always on your side, even when the claim is against your own policy. They may dispute the value of your injuries, argue over fault, or delay payment. That is why having an experienced personal injury attorney from Briskman Briskman & Greenberg in your corner matters. Our team serves clients throughout the Chicago area, including Des Plaines, and we know how to handle these claims effectively. We also work with clients in areas like Gurnee car accident lawyer cases and Mundelein car accident lawyer matters across the northern suburbs.

What Damages Can You Recover After an Uninsured Motorist Accident?

After a crash with an uninsured driver near Des Plaines, you may be wondering what you can actually recover. The answer depends on the facts of your case, the extent of your injuries, and the coverage available. But the categories of damages are broad, and a skilled attorney can help you identify every possible source of compensation.

Medical expenses are typically the most immediate concern. This includes emergency room visits, surgeries, physical therapy, prescription medications, and future medical care. If you were seriously injured in a crash on Golf Road or near the Des Plaines River Trail, those bills can add up fast. Lost wages are another major category. If your injuries kept you out of work, you may be able to recover the income you lost during your recovery. If your injuries affect your ability to work long-term, you may also be entitled to compensation for future lost earning capacity.

Pain and suffering is also recoverable. Illinois law allows injury victims to seek compensation for the physical pain and emotional distress caused by an accident. Property damage, including repair or replacement of your vehicle, may be covered through your uninsured motorist property damage coverage or collision coverage.

In some cases, there may be additional parties who share liability. For example, if a defective vehicle component contributed to the crash, the manufacturer could be held responsible. Illinois courts apply the joint and several liability rules under 735 ILCS 5/2-1117 in these situations. Briskman Briskman & Greenberg will investigate every angle of your case to maximize your recovery. We also handle cases for clients in areas such as Oak Lawn car accident lawyer and Orland Park car accident lawyer matters throughout the Chicago suburbs.

Steps to Take After an Uninsured Motorist Accident in Des Plaines

What you do in the hours and days after an accident with an uninsured driver can significantly affect the outcome of your claim. Here are the steps you should take to protect your rights.

First, call 911 immediately. A police report is essential. It documents the accident, identifies the other driver, and confirms that the at-fault driver had no insurance. If the crash happened near the Des Plaines Metra station, on Lee Street, or along Elmhurst Road, local police can respond quickly. Do not leave the scene without getting a report number.

Second, gather evidence at the scene. Take photos of the damage, the road conditions, traffic signs, and any visible injuries. Get the names and contact information of witnesses. If the at-fault driver flees the scene, try to note the license plate number and vehicle description. In many states, uninsured and underinsured motorist coverage includes hit-and-runs, accidents in which the driver flees the scene without leaving any insurance or contact information. Illinois is one of those states.

Third, seek medical attention right away. Even if you feel fine at the scene, some injuries like whiplash or internal trauma do not show up immediately. Seeing a doctor creates a medical record that connects your injuries to the accident. Gaps in treatment can hurt your claim later.

Fourth, notify your own insurance company of the accident. However, do not give a recorded statement or accept any settlement offer before speaking with an attorney. Insurance companies may use your words against you. Contact Briskman Briskman & Greenberg before you talk to anyone about the details of your claim. We also assist clients across Illinois, including those working with a Champaign car accident lawyer for cases downstate.

Why Choose Briskman Briskman & Greenberg for Your Des Plaines Uninsured Motorist Case

Briskman Briskman & Greenberg has been helping injured people throughout the Chicago area for decades. We understand the stress and uncertainty that comes with being hurt in an accident, especially when the at-fault driver has no insurance to cover your losses. Our firm handles these cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you.

Des Plaines is a busy community. With its proximity to O’Hare International Airport, the I-294 and I-90 interchange, and major surface roads like Mannheim Road and Touhy Avenue, it sees a high volume of traffic every day. That traffic brings risk, and unfortunately, some of those drivers on the road are uninsured. When one of them causes a crash and you are the one left paying the price, our team is here to help.

We know the Cook County court system, including the Daley Center in downtown Chicago and the Rolling Meadows Courthouse, which handles many cases from the northwest suburbs. We know how insurance companies operate, and we know how to build strong claims that get results. Whether your case settles through negotiation or goes to arbitration or trial, we fight for the full value of your claim.

Do not let an uninsured driver leave you holding the bill for someone else’s negligence. Call Briskman Briskman & Greenberg today for a free consultation. We will review your case, explain your options, and help you take the next step toward the compensation you deserve.

FAQs About Des Plaines Uninsured Motorist Accidents

What should I do if the driver who hit me in Des Plaines has no insurance?

Call the police and get a report filed immediately. Then contact your own insurance company to report the accident. Illinois requires all auto policies to include uninsured motorist coverage, so you likely have a claim you can make under your own policy. Before you give any statements or accept any offers, speak with an attorney at Briskman Briskman & Greenberg. We can help you understand your coverage and fight for the full compensation you are owed.

Does Illinois require uninsured motorist coverage on every auto policy?

Yes. Illinois law requires all auto liability policies to include uninsured motorist bodily injury coverage at a minimum of $25,000 per person and $50,000 per accident. This coverage cannot be waived or rejected. It is designed to protect you when an at-fault driver has no insurance or when a hit-and-run driver cannot be identified. You may also purchase higher limits for greater protection, which is a good idea given the number of uninsured drivers on Illinois roads.

Can I sue an uninsured driver directly in Illinois?

Yes, you can file a personal injury lawsuit against an uninsured driver. However, collecting a judgment against someone with no insurance and limited assets can be difficult. In most cases, your best path to actual compensation is through your own uninsured motorist coverage. An attorney can evaluate both options and help you pursue the approach most likely to result in a real recovery for your injuries and losses.

How long do I have to file an uninsured motorist claim in Illinois?

Illinois has a two-year statute of limitations for personal injury lawsuits under 735 ILCS 5/13-202. However, your insurance policy may also have its own notice and filing requirements that could be shorter. Missing these deadlines can eliminate your right to recover. That is why it is important to contact an attorney as soon as possible after your accident. Briskman Briskman & Greenberg can review your policy and make sure all deadlines are met.

What if the uninsured driver who hit me was also underinsured rather than completely uninsured?

If the at-fault driver had some insurance but not enough to cover your damages, you may have an underinsured motorist (UIM) claim under your own policy. Illinois law requires UIM coverage to be included in policies where you purchase uninsured motorist limits above the state minimum. UIM coverage pays the difference between the at-fault driver’s limits and your own UIM limits. Briskman Briskman & Greenberg can review both the at-fault driver’s policy and your own to determine the best strategy for maximizing your recovery.

More Resources About Vehicle Injuries

The overall experience I had with Briskman Briskman & Greenberg was the kind that everyone should receive from any firm.

The staff stayed in contact with me via phone and email, they were very knowledgeable, they made sure I understood what was going on at all times, they answered all of my questions, were transparent, and definitely exceeded my expectations. I highly recommend them.

- Brandon Spivey

The level of care, attentiveness, empathy and concern relating to my case when dealing with Briskman Briskman and Greenberg surpassed my expectations.

They were extremely knowledgeable and fair in all matters related. They exemplified excellent customer service and care. They kept me inform and updated every step of the way and any questions I had they answered. I highly recommend using them as I would again.

- Joshua Payton

I was put to ease with the professionalism at Briskman and Briskman.

Paul Greenberg especially put my mind to rest and within a years time I have settled my case and I am very satisfied with the outcome. My injury was devastating but working with this law firm has put a lot of stressful nights to rest.

- Nakia Childs

I needed a personal injury lawyer and Gavin and his team went above and beyond.

They made the process simple and helped me in every step of the way. What I really appreciate is that they are straightforward and are quick to respond to my questions and any issues from a text or phone call. They as well continuously checked up on me. I'm happy with how they handled my case and would recommend giving them a call!

- Ted Zakrzewski

Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers (BBG) is a legal team you want on your side.

They handled my case in a professional, sensitive and very competent manner. The staff exhibits expertise in the legal realm and provided excellent customer support and care. Thanks BBG for your help with navigating a very sensitive and challenging case for my family.

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If you were in an accident and need an excellent lawyer, talk to Paul!!

Very nice and professional lawyer that extremely cares about their clients. Fingers crossed I'm never in an accident ever again but if so, I' would definitely, 10/10 use Paul again!

- Danny S.

I am so very pleased with the representation from BB&G!

Robert Briskman handled my injury case very well. Funny and understanding personality and he took the time to explain everything in detail of the entire case. It was wonderful working with him. I would recommend BB&G to anyone and for myself again in the future.

- Geneva Vanderbilt

From the moment I contacted this law firm I was treated like family.

Gavin Pearlman was honest and upfront with me throughout the process. No surprises and never kept me hanging. I strongly recommend These attorneys for your needs.

- Ron Gaber

I cannot say enough good things about the attorneys at Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers.

They were extremely responsive, professional, and compassionate throughout the entire process.Their negotiations skills were exceptional, and they were able to secure a settlement that far exceeded my expectations.I am grateful to have had such a dedicated team