Mt. Vernon Uninsured Motorist Accident Lawyer

Getting hit by a driver who has no insurance is one of the most frustrating situations you can face after an accident. You did everything right. You carried your own coverage. You followed the law. And yet, you are left wondering how you will pay for your medical bills, your lost wages, and your pain. If this happened to you near Mt. Vernon or anywhere in Illinois, you have real legal options, and Briskman Briskman & Greenberg is here to help you use them.

Table of Contents

• Why Uninsured Motorist Accidents Are So Common in Illinois
• What Illinois Law Requires Your Insurance to Cover
• How a UM or UIM Claim Actually Works After a Mt. Vernon Crash
• What Damages You Can Recover and What Affects Your Claim
• How Briskman Briskman & Greenberg Can Help After an Uninsured Motorist Accident
• FAQs About Mt. Vernon Uninsured Motorist Accident Claims

Why Uninsured Motorist Accidents Are So Common in Illinois

Illinois law is clear. Under 625 ILCS 5/7-601, no person may operate or register a motor vehicle on a public highway in Illinois without a valid liability insurance policy. Every driver on roads like Route 15 or Interstate 57 near Mt. Vernon is required to carry coverage. Despite that, 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 sobering number. It means that in any given parking lot, intersection, or stretch of highway, a meaningful share of vehicles around you carry no insurance at all.

The problem is not limited to out-of-state drivers or people passing through. The Illinois Department of Transportation reports that thousands of accidents each year in Illinois involve uninsured or underinsured drivers. When those crashes happen, victims often discover too late that suing the at-fault driver directly is not a practical path to recovery. Uninsured drivers often lack assets. You could win a lawsuit yet recover little if the driver cannot satisfy a judgment. That reality makes understanding your own insurance policy, and your legal rights under it, essential.

Hit-and-run accidents add another layer of difficulty. Under 625 ILCS 5/11-401, any driver involved in a crash causing personal injury must immediately stop and remain at the scene. Leaving is a Class 4 felony, and a Class 1 felony if the crash results in death. Yet drivers flee every day. When they do, your ability to recover often depends entirely on your own policy and how well you document the crash from the start.

What Illinois Law Requires Your Insurance to Cover

Illinois has a mandatory protection built into every auto insurance policy sold in the state. Under Section 143a of the Illinois Insurance Code (215 ILCS 5/143a), no auto liability policy may be renewed, delivered, or issued in Illinois unless it includes uninsured motorist coverage for the protection of persons legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles because of bodily injury, sickness, disease, or death. This is not optional. You cannot be sold a car insurance policy in Illinois that strips out this protection.

The minimum coverage for bodily injury is $25,000 per person and $50,000 per accident, aligning with the state’s minimum liability insurance requirements. Those minimums can feel inadequate quickly. A single emergency room visit, a few nights in a hospital, and follow-up care can easily exceed $25,000. That is why many Illinois drivers carry higher limits, and why reviewing your declarations page after any serious accident matters.

Illinois also requires insurers to offer underinsured motorist (UIM) coverage under 215 ILCS 5/143a-2. Under 215 ILCS 5/143a-2, UIM coverage protects drivers when the at-fault motorist’s insurance is insufficient to cover damages, supplementing the difference between the at-fault driver’s insurance limits and the actual damages incurred, up to the policyholder’s UIM limits. If the driver who hit you carried only minimum coverage, but your injuries are worth far more, your UIM coverage may fill that gap. UM coverage typically pays for medical bills from the crash, lost wages and lost earning capacity, pain and suffering, and future medical care tied to your injuries.

How a UM or UIM Claim Actually Works After a Mt. Vernon Crash

Filing a claim under your own uninsured or underinsured motorist coverage is different from filing a standard third-party claim. Your own insurer steps into the role of the at-fault driver’s insurance company, but that does not mean they will simply write you a check. Insurers have financial incentives to minimize payouts, and UM and UIM disputes can become adversarial quickly.

The process typically starts with reporting the crash to police and to your own insurer. Document everything at the scene: photos of both vehicles, contact information for witnesses, and any visible injuries. Policies often impose short internal notice deadlines for hit-and-run and unidentified-vehicle claims that can be far shorter than the lawsuit deadline, so report any such crash to your own insurer and the police as soon as possible. Missing a notice deadline in your policy can jeopardize your entire claim, even if your legal claim is otherwise strong.

For hit-and-run accidents specifically, Illinois law has an important physical contact requirement. If the other driver fled the scene and could not be identified, Illinois treats that as a UM claim under 215 ILCS 5/143a. The requirement is physical contact between the vehicles, as a “phantom vehicle” that caused you to swerve without making contact generally does not qualify. When the vehicle is never identified, insurers generally look for corroborating evidence, such as physical contact between the vehicles or an independent witness, before paying a “phantom vehicle” claim. This is one reason why gathering witness information at the scene is so important, especially on busy roads like Broadway Street or in areas around the I-57 and I-64 interchange near Mt. Vernon.

Your damages in a UM or UIM claim can include the same categories as any personal injury case. Medical expenses, lost income, reduced earning capacity, pain and suffering, and loss of a normal life are all recoverable, subject to your policy limits. Illinois also follows a modified comparative fault rule under 735 ILCS 5/2-1116, which means your recovery is reduced if you were partly at fault, but you are not barred from recovery unless your share of fault exceeds 50 percent.

What Damages You Can Recover and What Affects Your Claim

The value of an uninsured motorist claim depends on the same factors that drive any personal injury case: the severity of your injuries, the impact on your daily life, your medical expenses, and your lost income. Whether your accident happened on a rural stretch of highway outside Mt. Vernon or in a congested area near the Jefferson County Courthouse, the legal standards are the same.

Under 735 ILCS 5/2-1117, all defendants found liable in a negligence case are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. While this provision applies primarily to multi-defendant lawsuits, it reflects the broader principle in Illinois law that injured people should be made whole for their medical costs. That same principle guides UM and UIM claims.

Serious injuries, such as broken bones, spinal injuries, traumatic brain injuries, and long-term disabilities, often produce damages that far exceed minimum UM policy limits. If you carry higher limits, your insurer is required to honor them. If you do not, you may still have options. A household family member’s policy may provide coverage. If you were on a bicycle or on foot when the crash occurred, your own auto policy or a family member’s policy may still apply. Consulting with an experienced Chicago personal injury lawyer early in the process helps you identify every available source of recovery before deadlines pass.

Illinois also has a two-year statute of limitations for personal injury claims under 735 ILCS 5/13-202. UM and UIM claims often follow the same timeline, though your policy may contain shorter internal deadlines for specific steps like arbitration demands. Missing those deadlines can be costly, which is why acting quickly after an accident is not just good advice, it is legally important.

How Briskman Briskman & Greenberg Can Help After an Uninsured Motorist Accident

Briskman Briskman & Greenberg has represented injured Illinois residents in personal injury cases for decades. The firm handles uninsured and underinsured motorist claims, and the attorneys understand how insurers approach these disputes. When your own insurance company is on the other side of the table, having an attorney who knows the claims process and the law makes a real difference.

The firm’s attorneys can review your auto policy to identify all available UM and UIM coverage, evaluate whether a household family member’s policy may apply, and assess the full value of your damages. If your insurer disputes the claim or offers a settlement that does not reflect the true value of your injuries, the firm can pursue arbitration or litigation on your behalf. Many UM and UIM disputes go to arbitration under the terms of the policy, and having skilled legal representation in that process is critical.

Briskman Briskman & Greenberg handles personal injury cases on a contingency fee basis, meaning you pay no attorney’s fees unless the firm recovers compensation for you. However, clients should be aware that costs and expenses related to the case may still apply, and the firm will explain the full terms of the fee arrangement during your consultation. The firm serves clients throughout the Chicago metropolitan area and across Illinois, including those involved in accidents near Mt. Vernon, whether on Route 15, near Rend Lake, or along the I-57 corridor.

If you were injured by an uninsured or underinsured driver, call Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation. The firm is located at 205 W. Randolph St., Suite 925, Chicago, IL 60606. Do not wait until a deadline has passed to find out what your rights are.

FAQs About Mt. Vernon Uninsured Motorist Accident Claims

Does Illinois require uninsured motorist coverage on every auto policy?

Yes. Under 215 ILCS 5/143a of the Illinois Insurance Code, every auto liability policy issued or delivered in Illinois must include uninsured motorist bodily injury coverage. The minimum limits are $25,000 per person and $50,000 per accident. This coverage cannot be rejected below those minimums, so it is included in your policy whether you specifically requested it or not.

What if the driver who hit me fled the scene and was never identified?

Illinois treats hit-and-run accidents as uninsured motorist claims under 215 ILCS 5/143a. However, most policies require that there be actual physical contact between your vehicle and the fleeing vehicle. If a car cut you off without making contact and caused you to crash, your insurer may dispute coverage. Gathering witness information and filing a police report immediately after the crash strengthens your position significantly.

Can I file a UM claim if I was partially at fault for the accident?

Yes, as long as your share of fault does not exceed 50 percent. Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. If you were 30 percent at fault and the uninsured driver was 70 percent at fault, your recovery is reduced by your 30 percent share, but you are not barred from recovering at all. The same rule applies to UM and UIM claims as to standard negligence claims.

What is the difference between uninsured motorist and underinsured motorist coverage?

Uninsured motorist (UM) coverage applies when the at-fault driver has no liability insurance at all, including hit-and-run situations. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover your full damages. Under 215 ILCS 5/143a-2, UIM coverage is required on Illinois policies whenever your UM limits exceed the state minimum, and it pays the gap between the other driver’s limits and your actual losses, up to your own UIM limit.

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, and UM claims generally follow the same deadline. However, your insurance policy may contain shorter internal deadlines for specific steps, such as notifying your insurer of a hit-and-run or filing an arbitration demand. Missing a policy deadline can affect your right to recover even if the two-year legal deadline has not passed. Consulting an attorney as soon as possible after your accident helps protect all of your deadlines.

More Resources About Vehicle Injuries

• Dangerous Roads & Intersections in Mt. Vernon
• Mt. Vernon Bicycle Accident Lawyer
• Mt. Vernon Car Accident Lawyer
• Mt. Vernon Distracted Driving Accident Lawyer
• Mt. Vernon Drunk Driving Accident Lawyer
• Mt. Vernon Fatal Car Accident Lawyer
• Mt. Vernon Motorcycle Accident Lawyer
• Mt. Vernon Pedestrian Accident Lawyer
• Mt. Vernon Truck Accident Attorney
• Mt. Vernon Uber Accident Lawyer
• Mt. Vernon Lyft Accident Lawyer