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Peoria 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 have insurance. You followed the rules. But the driver who caused your crash? They have nothing. No policy. No way to pay. Now you’re left wondering how you’ll cover your medical bills, your lost wages, and the damage to your car. If this has happened to you in or around Peoria or anywhere in the Chicago area, Briskman Briskman & Greenberg is here to help you fight for the compensation you deserve.
Table of Contents
- The Uninsured Driver Problem in Illinois Is Real
- What Illinois Law Requires for Uninsured Motorist Coverage
- How Illinois Liability Laws Affect Your Uninsured Motorist Claim
- What to Do After an Accident with an Uninsured Driver
- Why You Need a Lawyer for Your Uninsured Motorist Claim
- FAQs About Peoria Uninsured Motorist Accident Claims in Illinois
The Uninsured Driver Problem in Illinois Is Real
You might think most drivers on the road carry insurance. The law requires it. But the reality tells a different story. 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 (IRC). That is a staggering number when you think about how many cars share the road with you every day on I-55, I-90, or the Dan Ryan Expressway.
Illinois is no exception to this trend. In 2023, more than one in seven drivers nationally were uninsured, and across the fifty states and the District of Columbia, one in three drivers were either uninsured or underinsured, a 10 percentage point increase in the combined rate since 2017. Think about that the next time you merge onto the Eisenhower Expressway or drive through Wicker Park. The person in the next lane may have zero coverage.
So what does Illinois law say about all of this? Under the Illinois Vehicle Code (625 ILCS 5/7-601), all vehicle owners must maintain liability insurance at or above state minimums and carry uninsured motorist coverage. While the basic minimum UM coverage is mandatory, coverage above the statutory minimums can be waived through written rejection. The law requires every driver to carry coverage, but enforcement has its limits. Plenty of drivers slip through the cracks. When one of those drivers hits you, your own uninsured motorist (UM) coverage becomes your financial lifeline. And getting the most out of that coverage often requires legal help.
At Briskman Briskman & Greenberg, we understand how insurance companies think. We know how they handle UM claims, and we know how to push back when they try to lowball you. If you were hurt by an uninsured driver near Peoria or anywhere in the greater Chicago area, reach out to our team today.
What Illinois Law Requires for Uninsured Motorist Coverage
Illinois is one of the stronger states when it comes to protecting drivers from uninsured motorists. The state does not leave this coverage optional. Illinois law requires uninsured motorist limits of at least $25,000 per person and $50,000 per accident. Your policy must include this coverage whether you want it or not. Unlike most states, Illinois requires uninsured motorist bodily injury coverage. You cannot waive or reject it.
Under 625 ILCS 5/7-601, no person may operate or register a motor vehicle in Illinois unless that vehicle is covered by a liability insurance policy. The policy must be issued in amounts no less than the minimum amounts set for bodily injury, death, and property destruction under Section 7-203 of the Illinois Vehicle Code. This is the foundation of Illinois’s mandatory insurance framework.
But here is the problem. The minimum limits are often not enough. 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. For additional premium, you may buy higher limits to pay for claims that exceed those amounts.
What about property damage? While uninsured motorist coverage is required by Illinois, it only covers bodily injury. To have your property protected, you must purchase uninsured motorist property damage coverage separately. Many drivers do not realize this until after an accident. If you were involved in a crash near Millennium Park or on Lake Shore Drive and your car was totaled by an uninsured driver, you may need to explore multiple avenues for recovery. An attorney at Briskman Briskman & Greenberg can help you identify every possible source of compensation.
Underinsured motorist coverage is also worth understanding. 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. If the driver who hit you had some insurance but not enough, this coverage fills the gap.
How Illinois Liability Laws Affect Your Uninsured Motorist Claim
When you file an uninsured motorist claim in Illinois, you are essentially stepping into the shoes of the at-fault driver and making a claim against your own insurance company. That might sound simple. It rarely is. Insurance companies have teams of adjusters and lawyers whose job is to minimize what they pay out. You need someone in your corner who knows the law and knows how to fight.
Illinois follows a modified comparative fault system. This means that if you are found partially at fault for the accident, your compensation can be reduced by your percentage of fault. If you are more than 50 percent at fault, you cannot recover at all. This is why it matters how your case is presented from the very beginning. A strong investigation, solid evidence, and a clear legal strategy can make the difference between a fair settlement and walking away with almost nothing.
Illinois law also addresses how liability is shared when multiple parties are involved. Under 735 ILCS 5/2-1117, 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 less than 25 percent of the total fault is severally liable for all other damages. Any defendant whose fault is 25 percent or greater is jointly and severally liable for all other damages. While this statute is more directly relevant in multi-party accident cases, it shows how seriously Illinois law takes the question of who pays for your injuries.
If you were hurt in a crash on I-474 near Peoria or on the Chicago Skyway, the legal process for recovering compensation can get complicated fast. Briskman Briskman & Greenberg handles these cases throughout Illinois. We serve clients from Chicago neighborhoods like Logan Square and Bridgeport to communities across the state. As a Chicago personal injury lawyer firm with deep roots in Illinois law, we know what it takes to build a winning case.
What to Do After an Accident with an Uninsured Driver
The steps you take right after a crash can have a big impact on your claim. Whether the accident happened near the Peoria Civic Center or on the streets of Chicago’s South Side, the same basic rules apply. Here is what you should do.
First, call the police. Always get a police report. This creates an official record of the crash and helps establish what happened. If the other driver is uninsured, that fact will likely show up in the report. Second, get medical attention right away. Even if you feel okay, some injuries, like whiplash or internal trauma, do not show up immediately. A medical record connecting your injuries to the accident is critical for your claim.
Third, gather as much information as you can at the scene. Take photos of both vehicles, the road conditions, any visible injuries, and any relevant landmarks. Get the names and contact information of any witnesses. Fourth, notify your own insurance company. Because the at-fault driver has no insurance, your UM coverage is what you will likely rely on. But be careful about what you say. Insurance adjusters may use your words against you later.
Fifth, and most importantly, contact an attorney before you accept any settlement offer. Uninsured motorist coverage pays for your injuries and those of your household members if you’re in an accident where the person at fault is an uninsured driver or if they drive away without taking responsibility for the accident. But your insurer may offer far less than your claim is actually worth. Briskman Briskman & Greenberg can review your policy and your damages to make sure you are not leaving money on the table.
We also serve clients in surrounding communities. If you were in a crash in Lake County, a Gurnee car accident lawyer from our team can help. We also assist clients through our Mundelein car accident lawyer services and our Champaign car accident lawyer team for those in central Illinois.
Why You Need a Lawyer for Your Uninsured Motorist Claim
Some people think they can handle a UM claim on their own. After all, you are dealing with your own insurance company. They are on your side, right? Not exactly. When it comes to paying out claims, your insurer’s interests and your interests are not the same. Insurance companies are businesses. Their goal is to pay as little as possible on every claim. That is not a criticism. It is just the reality of how the system works.
An experienced personal injury attorney levels the playing field. We know how to document your losses, gather the right medical evidence, and present your case in the strongest possible light. We also know when an insurer is acting in bad faith, which is a serious legal issue under Illinois law. If your insurance company unreasonably delays or denies your claim, you may have additional legal remedies available to you.
UM claims often involve arbitration rather than a traditional lawsuit. Under Illinois law, many auto insurance policies require disputes to go to arbitration. This process has its own rules and procedures. Having a lawyer who understands arbitration can be the difference between winning and losing your claim. Briskman Briskman & Greenberg has handled UM arbitrations and knows how to present evidence effectively in that setting.
We also handle cases in the south suburbs and southwest Chicago area. Our Oak Lawn car accident lawyer team and our Orland Park car accident lawyer services are available to clients throughout the region. No matter where in Illinois you were hurt, we are ready to help you pursue the full compensation you deserve for your medical bills, lost income, pain and suffering, and more.
Do not wait to get legal advice. Illinois has a two-year statute of limitations for personal injury claims. Missing that deadline means losing your right to recover. Contact Briskman Briskman & Greenberg today for a free consultation. There is no fee unless we recover for you.
FAQs About Peoria Uninsured Motorist Accident Claims in Illinois
What happens if the driver who hit me has no insurance at all?
You will likely file a claim under your own uninsured motorist (UM) coverage. Illinois requires all auto policies to include UM coverage of at least $25,000 per person and $50,000 per accident. Your insurer steps in to compensate you for your injuries up to your policy limits. You may also be able to sue the at-fault driver directly, but collecting on a judgment against an uninsured driver can be very difficult if they have no assets.
Can I make a UM claim if the driver fled the scene and was never identified?
Yes. Illinois uninsured motorist coverage generally applies to hit-and-run accidents where the at-fault driver cannot be identified. However, most policies require you to file a police report promptly after a hit-and-run. You should also report the accident to your insurer as soon as possible. An attorney can help you meet all the procedural requirements and protect your right to recover.
What if the other driver had some insurance but not enough to cover my damages?
This is where underinsured motorist (UIM) coverage comes in. Illinois law under 215 ILCS 5/143a-2 requires insurers to offer UIM coverage when you purchase UM limits above the state minimum. UIM coverage pays the difference between what the at-fault driver’s policy covers and your actual damages, up to your UIM policy limits. If you purchased higher UM limits, you likely have UIM protection as well.
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, which generally applies to UM claims as well. However, your insurance policy may also contain its own deadlines for reporting accidents and filing claims. These contractual deadlines can be shorter than the legal statute of limitations. You should contact an attorney as soon as possible after your accident to make sure you do not miss any critical deadlines.
Will filing a UM claim raise my insurance rates?
Illinois law generally prohibits insurers from raising your rates or canceling your policy solely because you filed an uninsured motorist claim where you were not at fault. However, insurance company practices can vary. It is a good idea to review your policy and speak with an attorney before making any decisions about your claim. Briskman Briskman & Greenberg offers free consultations and can help you understand your rights and options without any upfront cost to you.
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