Our Lawyers
Decatur Uninsured Motorist Accident Lawyer
Getting hit by an uninsured driver is stressful enough. But when you realize the person who caused your accident has no insurance to cover your medical bills, lost wages, and pain, the situation can feel impossible. If you were hurt in a car accident in the Decatur area or anywhere in Illinois, and the at-fault driver had no insurance, you have legal options. The team at Chicago personal injury lawyer Briskman Briskman & Greenberg has helped injured people throughout Illinois fight for the compensation they deserve, and we are ready to help you too.
Table of Contents
- Illinois Law Requires Insurance, But Not Everyone Follows It
- What Is Uninsured Motorist Coverage and How Does It Work in Illinois?
- What Damages Can You Recover After an Uninsured Motorist Accident?
- The Statute of Limitations for Uninsured Motorist Claims in Illinois
- Steps to Take After an Accident with an Uninsured Driver in Illinois
- Why Choose Briskman Briskman & Greenberg for Your Uninsured Motorist Case?
- FAQs About Decatur Uninsured Motorist Accident Claims in Illinois
Illinois Law Requires Insurance, But Not Everyone Follows It
Illinois is clear about its rules. Illinois law (625 ILCS 5/7-601) requires all vehicle owners to have minimum amounts of auto liability insurance. Under Section 7-601 of the Illinois Vehicle Code, no person may operate or register a motor vehicle designed for use on a public highway unless that vehicle is covered by a liability insurance policy. This applies whether you are driving down Lake Shore Drive in Chicago, on I-72 near Decatur, or on any road in between.
Illinois law (625 ILCS 5/7-203) requires bodily injury liability limits of at least $25,000 per person per accident and $50,000 total per accident. Illinois law (625 ILCS 5/7-203) also requires property damage liability limits of at least $20,000 per accident. These are the bare minimums. Many drivers only carry the minimum, and some carry nothing at all.
So what happens when the person who hits you simply does not have coverage? You are left dealing with injuries, car repairs, and mounting bills, while the at-fault driver walks away without paying a dime. That is exactly why Illinois also requires you to carry uninsured motorist (UM) coverage on your own policy. 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. Illinois uninsured motorist bodily injury minimum limits are $25,000 per person and $50,000 per accident.
Even with these protections in place, insurance companies do not always make it easy to collect what you are owed. That is where having a knowledgeable attorney on your side makes a real difference. Whether your accident happened near the Decatur Civic Center, on Route 36, or anywhere else in the region, Briskman Briskman & Greenberg can help you understand your rights and pursue your claim.
What Is Uninsured Motorist Coverage and How Does It Work in Illinois?
Uninsured motorist coverage is a type of protection built into your own auto insurance policy. Illinois requires uninsured motorist coverage to protect you and your passengers if you are injured by an uninsured driver or in a hit-and-run. Think of it as a safety net that kicks in when the person who caused your accident cannot pay for your losses.
Illinois law requires uninsured motorist limits of at least $25,000 per person and $50,000 per accident. You can, and often should, purchase higher limits for better protection. 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. So if someone hits you and has only the state minimum coverage, but your damages exceed that amount, your underinsured motorist coverage can fill the gap.
It is also worth knowing that your standard UM coverage only covers bodily injury. Uninsured Motorist Property Damage Insurance covers damage to your vehicle caused by an identified, at-fault, uninsured driver. Uninsured Motorist Property Damage is optional coverage that may be purchased with or without collision coverage. If you did not add this coverage to your policy, you may still be able to use your collision coverage to repair your vehicle.
Filing a UM claim against your own insurance company can be surprisingly complicated. Insurers may dispute the value of your injuries, challenge liability, or drag out the process. The attorneys at Briskman Briskman & Greenberg know how insurance companies operate, and they work hard to make sure you are treated fairly. If you were hurt near Lake Decatur or on I-55 heading into Chicago, do not try to handle this alone.
What Damages Can You Recover After an Uninsured Motorist Accident?
When an uninsured driver causes an accident, your losses can add up fast. Medical bills, physical therapy, lost income, and the pain of recovery all take a toll on your life. Under Illinois law, injured victims have the right to seek compensation for a wide range of damages.
You may be able to recover compensation for past and future medical expenses, lost wages, reduced earning capacity, pain and suffering, and property damage. Illinois law under 735 ILCS 5/2-1117 also addresses how liability is shared when multiple parties are involved. Under that statute, 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 of the total fault is jointly and severally liable for all other damages as well.
This matters in uninsured motorist cases because there may be other parties involved beyond just the uninsured driver. For example, if a defective road condition near the Macon County Courthouse contributed to the crash, or if a third party shares some responsibility, your attorney can help identify all potential sources of recovery.
Briskman Briskman & Greenberg takes a thorough approach to every case. The firm reviews police reports, medical records, witness statements, and all available evidence to build the strongest possible claim on your behalf. Whether your accident happened on the Eisenhower Expressway, Route 51, or a local Decatur street, the team works to make sure nothing is overlooked.
Clients across Illinois have trusted Briskman Briskman & Greenberg to handle their car accident claims. If you are also looking for a Champaign car accident lawyer or need help in the surrounding region, the firm serves clients throughout central and northern Illinois.
The Statute of Limitations for Uninsured Motorist Claims in Illinois
Time is one of the most important factors in any personal injury case. If you wait too long to take action, you could lose your right to recover compensation entirely. The statute of limitations for a personal injury claim, according to statute 735 ILCS 5/13-202, is two years. This means that from the date of the accident or the discovery date, the plaintiff has two years to make a claim.
Two years may sound like a lot of time, but it goes by quickly when you are focused on recovering from your injuries. Evidence can disappear. Witnesses forget details. Insurance companies use delay tactics. The sooner you contact an attorney, the better your chances of building a strong case.
There are some exceptions to the two-year rule. The law allows for a variation to the rule for injured persons under the age of 18 when the accident occurred. The two-year time limit will not begin running until the person reaches the age of 18. The statute also offers special conditions for anyone legally disabled when a car or truck accident or other personal injury occurs. The statute of limitations is paused or “tolled” while the individual has the disability or until such a time that the condition is removed.
Beyond the lawsuit deadline, your own insurance policy may have separate deadlines for filing a UM claim or demanding arbitration. Missing those internal deadlines can also hurt your case. An attorney from Briskman Briskman & Greenberg can review your policy and make sure you do not miss any critical filing windows. If you need help in the northern suburbs, a Gurnee car accident lawyer from the firm can assist you, as can a Mundelein car accident lawyer for those in Lake County.
Steps to Take After an Accident with an Uninsured Driver in Illinois
Knowing what to do right after a crash can protect your health and your legal rights. The moments following an accident are chaotic, but the actions you take matter. Here is what you should do if you are hit by an uninsured driver in Illinois.
First, call 911. Get police to the scene and make sure an official report is filed. A police report is one of the most important pieces of evidence in your case. Second, get medical attention right away, even if you feel okay. Some injuries, like whiplash or internal trauma, do not show symptoms immediately. A prompt medical evaluation creates a record that links your injuries to the accident.
Third, gather as much information as possible at the scene. Take photos of the vehicles, the road conditions, and any visible injuries. Get the names and contact information of any witnesses. If the other driver has no insurance, document that fact clearly. Fourth, notify your own insurance company about the accident. Because you may need to file a UM claim under your own policy, your insurer needs to know about the crash promptly.
Fifth, and most importantly, contact a personal injury attorney before giving any recorded statements to an insurance company. Insurers, including your own, may try to minimize your claim. An attorney can protect you from saying something that could be used against you later.
Briskman Briskman & Greenberg serves clients throughout the Chicago area and beyond. Whether you need a Oak Lawn car accident lawyer in the southwest suburbs or an Orland Park car accident lawyer further south, the firm is positioned to help you wherever your accident occurred.
Why Choose Briskman Briskman & Greenberg for Your Uninsured Motorist Case?
Choosing the right attorney after an uninsured motorist accident is one of the most important decisions you will make. You want a firm that knows Illinois personal injury law, understands how insurance companies operate, and genuinely cares about the people it represents. Briskman Briskman & Greenberg checks all of those boxes.
The firm has a long history of representing injured people throughout Chicago and Illinois. From the Loop to Lincoln Park, from the South Side to the suburbs, and from Chicago all the way to Decatur, the attorneys at Briskman Briskman & Greenberg have fought for clients who were hurt through no fault of their own. The firm handles uninsured and underinsured motorist claims on a contingency fee basis, which means you pay nothing unless the firm recovers compensation for you.
The attorneys at Briskman Briskman & Greenberg know that an accident does not just hurt your body. It disrupts your entire life. You may miss work, struggle to pay bills, or worry about your future. The firm takes that seriously, and it works hard to pursue the full compensation you deserve under Illinois law.
Illinois law gives you rights. Under 625 ILCS 5/7-601, every driver on Illinois roads is supposed to carry insurance. When they do not, the law still provides you with a path to recovery through your own UM coverage and through civil action. Briskman Briskman & Greenberg knows how to use every legal tool available to get results for clients.
If you or someone you love was hurt in an uninsured motorist accident near Decatur, Chicago, or anywhere in Illinois, do not wait. Contact Briskman Briskman & Greenberg today for a free consultation. The call costs you nothing, and it could make all the difference in your case.
FAQs About Decatur Uninsured Motorist Accident Claims in Illinois
What happens if the driver who hit me has no insurance in Illinois?
You can file a claim under your own uninsured motorist (UM) coverage. Illinois law requires all auto insurance policies to include UM bodily injury coverage with minimum limits of $25,000 per person and $50,000 per accident. Your own insurer steps in to cover your medical expenses and other losses up to your policy limits. You may also have the right to pursue the at-fault driver personally through a civil lawsuit, though collecting from an uninsured driver can be difficult. An attorney can help you identify all available options and pursue the best path for your situation.
How long do I have to file a claim after an uninsured motorist accident in Illinois?
Under 735 ILCS 5/13-202, you generally have two years from the date of the accident to file a personal injury lawsuit in Illinois. However, your own auto insurance policy may have separate, shorter deadlines for filing a UM claim or demanding arbitration. Missing those internal deadlines can affect your ability to collect under your own policy. You should contact an attorney as soon as possible after your accident to make sure all deadlines are identified and met.
Can I recover compensation if I was partly at fault for the accident?
Yes, in many cases you can. Illinois follows a modified comparative fault rule. Under this rule, you can recover damages as long as you are less than 51% responsible for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault and your total damages are $100,000, you would recover $80,000. An attorney can help evaluate the facts of your case and work to minimize any fault attributed to you.
Does uninsured motorist coverage pay for damage to my car?
Standard uninsured motorist bodily injury coverage only pays for injuries to you and your passengers, not for damage to your vehicle. To have your car covered when hit by an uninsured driver, you would need to have either uninsured motorist property damage (UMPD) coverage or collision coverage on your policy. UMPD is an optional add-on under Illinois law and typically applies when the at-fault uninsured driver is identified. If you are unsure what your policy covers, an attorney can review it with you.
What if the at-fault driver had some insurance, but not enough to cover my injuries?
If the at-fault driver had insurance but their policy limits are too low to cover the full extent of your losses, you may have an underinsured motorist (UIM) claim. Illinois law under 215 ILCS 5/143a-2 requires insurers to offer UIM coverage if you purchase UM limits above the state minimum. UIM coverage pays the difference between the at-fault driver’s policy limits and your own UIM limits. This type of claim can be just as complex as an uninsured motorist claim, and having an experienced attorney handle the process can make a significant difference in your outcome.
More Resources About Vehicle Injuries
- Dangerous Roads & Intersections in Decatur
- Decatur Bicycle Accident Lawyer
- Decatur Car Accident Lawyer
- Decatur Distracted Driving Accident Lawyer
- Decatur Drunk Driving Accident Lawyer
- Decatur Fatal Car Accident Lawyer
- Decatur Motorcycle Accident Lawyer
- Decatur Pedestrian Accident Lawyer
- Decatur Truck Accident Attorney
- Decatur Uber Accident Lawyer
- Decatur Lyft Accident Lawyer
SEEN ON: