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Berwyn Uninsured Motorist Accident Lawyer
Getting hit by an uninsured driver is one of the most frustrating situations you can face on the road. You did everything right. You have insurance. You follow the rules. Then, out of nowhere, someone with no coverage slams into your car near the Eisenhower Expressway or a busy Berwyn intersection, and suddenly you’re left wondering how you’ll pay your medical bills. If this has happened to you, you need to know your rights, and you need an attorney who knows Illinois law. At Briskman Briskman & Greenberg, we help accident victims in Berwyn and throughout the Chicago area fight for the compensation they deserve, even when the at-fault driver has no insurance.
Table of Contents
- The Uninsured Driver Problem in Illinois and the Berwyn Area
- Illinois Law on Uninsured Motorist Coverage and Your Rights
- Illinois Mandatory Insurance Law and What Happens When Drivers Break It
- What to Do After an Uninsured Motorist Accident in Berwyn
- How Briskman Briskman & Greenberg Handles Uninsured Motorist Claims
- FAQs About Berwyn Uninsured Motorist Accident Claims
The Uninsured Driver Problem in Illinois and the Berwyn Area
Uninsured drivers are a real and growing problem across Illinois. In 2023, 15.4 percent of motorists, or more than one in seven drivers, were uninsured, according to a 2025 study by the Insurance Research Council. That is a significant number of people sharing the road with you every day. In the Chicago metro area, including Berwyn and surrounding Cook County communities, the risk is just as real.
Berwyn sits right along Cermak Road and Harlem Avenue, two of the busiest surface streets in the western suburbs. Drivers pass through constantly, heading toward downtown Chicago or the Tri-State Tollway. With that kind of traffic volume, accidents happen, and not every driver behind the wheel has valid coverage. From 2017 to 2023, most states saw increasing trends in uninsured motorist rates. Illinois is no exception.
So what does the law say? Illinois law (625 ILCS 5/7-601) requires all vehicle owners to have minimum amounts of auto liability insurance. Despite that requirement, thousands of drivers ignore the law. More than one in seven drivers on Illinois roads may have no coverage at all. When one of those drivers hits you, you can’t simply file a claim against their policy. There is no policy to file against. That’s where your own uninsured motorist coverage, and an experienced attorney, become critical.
If you or a family member was hurt in a crash involving an uninsured driver in Berwyn, Oak Park, Cicero, or anywhere near the Stevenson Expressway corridor, don’t wait. Call Briskman Briskman & Greenberg today for a free consultation.
Illinois Law on Uninsured Motorist Coverage and Your Rights
Illinois law gives you real protections after an uninsured motorist accident. You just have to know how to use them. Uninsured Motorist Bodily Injury Coverage (UM) covers you for bodily injury caused by a hit-and-run driver or an at-fault driver who has no auto liability insurance, and Illinois uninsured motorist bodily injury minimum limits are $25,000 per person and $50,000 per accident. This coverage is not optional. According to the Illinois Insurance Code (215 ILCS 5/143a), every auto liability policy issued in the state must include Uninsured Motorist (UM) coverage at the legal minimum limits.
What can you recover through a UM claim? Quite a bit. In an uninsured motorist claim, you can seek compensation for medical expenses including hospital bills, surgeries, medications, and rehabilitation costs. Lost wages are covered if you’re unable to work due to your injuries. Compensation may be available for the emotional and physical pain caused by the accident. Illinois also allows drivers to purchase uninsured motorist property damage coverage, which can cover vehicle repairs and other property damage caused by an uninsured driver.
It’s also important to understand that UM coverage applies in hit-and-run situations. If the at-fault driver flees the scene and cannot be identified, they are treated as uninsured, and your UM coverage may provide compensation. Hit-and-run accidents are unfortunately common in high-traffic areas like Roosevelt Road and Ogden Avenue near Berwyn. If a driver ran a red light, hit your car, and fled, your own policy may still be your path to recovery.
The attorneys at Briskman Briskman & Greenberg understand how these claims work. We help clients file UM claims, push back against low settlement offers from their own insurers, and pursue every available avenue for compensation. As a Chicago personal injury lawyer firm with deep roots in the area, we know this terrain well. Reach out to us today to discuss your case.
Illinois Mandatory Insurance Law and What Happens When Drivers Break It
Illinois law is clear about what every driver must carry. Under 625 ILCS 5/7-601, no person shall operate a motor vehicle on a public highway in this state unless that vehicle is covered by a liability insurance policy. The law also requires that the operator carry evidence of that insurance within the vehicle at all times. Despite these requirements, some drivers simply don’t comply.
When an uninsured driver causes an accident, the consequences for victims can be severe. Despite Illinois requiring minimum liability coverage, many drivers are uninsured or underinsured. If the at-fault driver lacks adequate coverage, claimants may have difficulty recovering full compensation, especially without uninsured or underinsured motorist coverage. The at-fault driver may have few or no assets to collect against, which means a judgment in your favor could be difficult to enforce.
This is why Illinois also protects victims through the Safety and Financial Responsibility Law. The person who suffered damages from an uninsured crash can take action in court, and if the uninsured motorist is ordered to satisfy the judgment but the judgment remains unpaid for 30 days, the court can order the Secretary of State’s office to suspend the individual’s driver’s license or registration. That can provide some leverage, but it doesn’t automatically put money in your pocket.
Illinois also uses joint and several liability rules under 735 ILCS 5/2-1117. Under that law, all defendants found liable 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 is jointly and severally liable for all other damages as well. If multiple parties contributed to your crash, this law can help you recover more fully.
Navigating these legal tools takes skill and experience. The team at Briskman Briskman & Greenberg is ready to help you understand every option available to you. We serve clients throughout the Chicago metro area, including those who need a Oak Lawn car accident lawyer or representation closer to the western suburbs.
What to Do After an Uninsured Motorist Accident in Berwyn
The moments after a crash with an uninsured driver are critical. What you do, and what you don’t do, can have a major impact on your claim. Here’s what you should keep in mind.
First, call the police right away. Whether the accident happened on Cermak Road, near Morton College, or on the ramp to I-290, you need an official police report. That report documents the facts of the crash and can be essential evidence later. If the other driver admits they have no insurance, that should be noted in the report.
Second, get medical attention immediately. Even if you feel okay at the scene, injuries like whiplash, concussions, and soft tissue damage often don’t show symptoms right away. Delaying treatment can hurt your health and your claim. Insurance companies look for gaps in medical care as a reason to reduce your payout.
Third, gather evidence. Take photos of the vehicles, the road, any visible injuries, and the surrounding area. Get the names and contact information of any witnesses. If the accident happened near a business or intersection with cameras, that footage could be valuable.
Fourth, notify your own insurance company promptly. A first-party claim is made against your insurer under policies like uninsured motorist coverage, medical payments coverage, or collision coverage. Your own policy is likely your main source of compensation when the at-fault driver has no insurance.
Fifth, and most importantly, contact an attorney before giving any recorded statements. While Illinois law does not require you to give a recorded statement to the at-fault driver’s insurance, your insurance policy might include a cooperation clause. You are not obligated to give a recorded statement to the other driver’s insurance, and it is prudent to let your attorney handle all communications. Briskman Briskman & Greenberg can step in right away to protect your interests. We also help clients across the region, including those seeking a Orland Park car accident lawyer or representation in other nearby communities.
How Briskman Briskman & Greenberg Handles Uninsured Motorist Claims
Handling an uninsured motorist claim is not the same as a standard car accident case. Your own insurance company is involved, and while you pay them for protection, their goal is still to minimize what they pay out. That’s a conflict you need an attorney to help manage.
At Briskman Briskman & Greenberg, we start every case with a thorough review of your policy. We look at your UM and UIM coverage limits, any applicable exclusions, and the deadlines that apply to your claim. For additional premium, you may buy higher limits to pay for claims that exceed minimum amounts. 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. We make sure you understand exactly what you’re entitled to.
We also handle the investigation. We gather police reports, medical records, witness statements, and any available surveillance footage. If the accident occurred near Proksa Park, along Ridgeland Avenue, or anywhere else in the Berwyn area, we know how to build a strong factual record. We work with medical professionals and, when needed, accident reconstruction experts to support your claim.
When your insurer disputes liability or offers a lowball settlement, we push back. If an insurer wrongfully denies a claim, misrepresents policy terms, or unreasonably delays payments, it may be acting in bad faith. Illinois law allows policyholders to pursue legal action and seek damages for such conduct. We know how to hold insurers accountable under Illinois law.
Our firm serves clients across the greater Chicago area. Whether you need a Mundelein car accident lawyer, help in the northern suburbs, or representation in Berwyn and the western suburbs, we are here for you. We also assist clients who need a Gurnee car accident lawyer or support in communities throughout the state, including those who need a Champaign car accident lawyer. No matter where you are, our team is ready to fight for you. Call us today for a free, no-obligation consultation.
FAQs About Berwyn Uninsured Motorist Accident Claims
What is uninsured motorist coverage and do I have it in Illinois?
Uninsured motorist (UM) coverage pays for your injuries when you are hit by a driver who has no auto insurance. In Illinois, this coverage is mandatory. Every auto liability policy issued in the state must include UM coverage at the legal minimum limits of $25,000 per person and $50,000 per accident under the Illinois Insurance Code (215 ILCS 5/143a). Check your policy’s declarations page to confirm your specific limits and whether you also have underinsured motorist coverage.
Can I still recover compensation if the at-fault driver fled the scene?
Yes. Hit-and-run accidents are treated similarly to uninsured motorist accidents under Illinois law. If the driver who hit you cannot be identified, your own UM coverage may step in to compensate you for your injuries and losses. It is important to report the accident to police immediately and notify your insurance company as soon as possible. An attorney can help you document the claim properly and avoid common mistakes that could reduce your recovery.
What if the other driver had some insurance but not enough to cover my injuries?
That situation involves underinsured motorist (UIM) coverage. Illinois law (215 ILCS 5/143a-2) requires insurers to offer UIM coverage when you purchase higher UM limits. UIM coverage pays the difference between what the at-fault driver’s insurance covers and your actual damages, up to your own policy’s UIM limits. For example, if your medical bills total $80,000 but the at-fault driver only had $25,000 in coverage, your UIM policy could cover the remaining gap. An attorney can help you maximize your recovery under both the at-fault driver’s policy and your own.
How long do I have to file an uninsured motorist claim in Illinois?
Illinois has a two-year statute of limitations for personal injury claims under 735 ILCS 5/13-202. However, your own insurance policy may have separate deadlines for filing a UM claim or demanding arbitration. These policy deadlines can be shorter than the legal statute of limitations. Missing them could cost you your right to recover. You should contact an attorney as soon as possible after your accident to make sure all deadlines are identified and met.
Why do I need a lawyer for an uninsured motorist claim if I’m filing against my own insurance?
Many people assume their own insurer will treat them fairly. The reality is that insurance companies, even your own, have adjusters and legal teams working to minimize payouts. They may dispute the extent of your injuries, question liability, or offer a settlement far below what your claim is actually worth. An attorney levels the playing field. At Briskman Briskman & Greenberg, we review your policy, build your case, handle all communications with the insurer, and fight for the full compensation you are owed, including medical expenses, lost wages, and pain and suffering.
More Resources About Vehicle Injuries
- Dangerous Roads & Intersections in Berwyn
- Berwyn Bicycle Accident Lawyer
- Berwyn Car Accident Lawyer
- Berwyn Distracted Driving Accident Lawyer
- Berwyn Drunk Driving Accident Lawyer
- Berwyn Fatal Car Accident Lawyer
- Berwyn Motorcycle Accident Lawyer
- Berwyn Pedestrian Accident Lawyer
- Berwyn Truck Accident Attorney
- Berwyn Uber Accident Lawyer
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