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Uninsured and Underinsured Car Accident Claims

Car accidents are stressful enough without the added shock of discovering the at-fault driver has no insurance or too little to cover your losses. In Chicago, with its bustling roadways and heavy traffic, this scenario happens more often than you might think. Illinois law requires drivers to carry a minimum amount of liability insurance, but not everyone complies. If you’re hit by someone who is either uninsured or underinsured, you might feel frustrated or worried about how your medical bills, lost wages, and other damages will be covered.

This is where uninsured (UM) and underinsured (UIM) motorist coverage comes in. These policies are designed to step in when the at-fault driver’s insurance is nonexistent or inadequate. Your own insurance provider becomes responsible for the costs that should have been covered by the other driver. However, insurance companies often look for ways to minimize what they pay out—even to their own clients. In these cases, reaching out to a top-rated Chicago car accident lawyer who knows how to navigate these claims in Chicago can help you secure the compensation you need to move forward.

Types of Compensation Available Through UM and UIM Claims

When you’re dealing with the aftermath of an auto accident, your primary concern is recovering both physically and financially. Uninsured and underinsured motorist claims are your safety net, providing a path to compensation for damages that would otherwise go unpaid. These claims can cover a wide range of losses, including:

  • Medical expenses, both current and future
  • Lost income if you miss work due to your injuries
  • Reduced earning capacity if your injuries are long-term
  • Pain and suffering, including emotional trauma
  • Rehabilitation and therapy costs
  • Property damage in certain cases

Imagine being involved in a hit-and-run accident in downtown Chicago where the other driver flees the scene. Your uninsured motorist coverage can step in to help cover your costs, ensuring you aren’t left bearing the financial burden alone. Illinois law mandates that insurance companies offer UM and UIM coverage, but each policy is different. The amount you can recover depends on your individual policy limits, so you should review your coverage closely and speak with an auto accident attorney to fully understand your options.

The Claims Process: Steps to Take After an Accident

After any car accident, your well-being comes first. Seek medical attention right away, even if you feel fine, as injuries can surface later. Once you’re safe, it’s crucial to start building your claim. Notify your insurance company as soon as possible that you’ve been in an accident involving an uninsured or underinsured driver. Be prepared to submit documentation, such as the police report, medical records, photos of the scene, and any communication from the other driver’s insurer.

Your insurance company will investigate your claim and may require evidence that the at-fault driver was either uninsured or inadequately insured. This process can involve a lot of back-and-forth, and sometimes, the insurance company may dispute the severity of your injuries or argue about the necessity of treatments. If you’re struggling to get your insurer to acknowledge your losses, it’s wise to connect with a car accident lawyer who can handle negotiations and protect your interests. Timely action is vital, as there are strict deadlines under Illinois law for filing UM and UIM claims.

Common Obstacles in Uninsured and Underinsured Claims

Filing a UM or UIM claim can be more complicated than many people anticipate. Insurance companies often scrutinize these claims closely, since they’re essentially stepping into the shoes of the at-fault driver. One common challenge is proving the at-fault driver’s lack of adequate insurance. Sometimes, policy exclusions or fine print can limit how much you can recover, even under your own policy.

Another frequent hurdle is the insurance company’s insistence that your injuries are less severe than claimed or were pre-existing. They may offer a low settlement or delay negotiations, hoping you’ll give up or accept less than you deserve. There are also policy limits to consider: if your damages exceed your UM/UIM coverage, you may be left with out-of-pocket expenses. Working with a Joliet car accident attorney can help overcome these obstacles by gathering strong evidence, countering insurance tactics, and ensuring your claim is filed correctly and promptly.

Going up against an insurance company can feel overwhelming, especially when you’re already dealing with accident injuries and financial stress. Insurance adjusters are trained to minimize payouts, and without knowledgeable help, you risk leaving money on the table. A knowledgeable auto accident lawyer can step in as your advocate, handling negotiations and making sure your insurer honors your policy.

Your attorney can help you document your injuries, calculate your losses, and communicate directly with the insurance company. They can also represent you in arbitration or court if the insurer refuses to offer a fair settlement. Having a legal representative is especially important if your injuries are significant or if the insurance company is acting in bad faith. Don’t let the complexity of UM/UIM claims keep you from pursuing the compensation you need for recovery and peace of mind.


Frequently Asked Questions About Uninsured and Underinsured Car Accident Claims

What steps should I take if I’m hit by an uninsured driver in Chicago?
Immediately call the police, seek medical attention, and gather information about the accident. Notify your insurance company as soon as possible and consult a car accident lawyer to protect your rights and help with your claim.

How long do I have to file a UM or UIM claim in Illinois?
Generally, you must file within two years from the date of the accident, but insurance policies could have shorter deadlines. Prompt action and legal guidance can ensure you don’t miss important filing windows.

Will filing a UM or UIM claim increase my insurance premiums?
Filing a UM/UIM claim does not automatically mean your rates will rise. It varies by provider and situation. Discuss your concerns with your attorney and insurer to understand the impact on your policy.

Can I recover more than my policy limits if my damages are greater?
If your losses exceed your UM/UIM policy limits, you may be able to seek compensation from other sources, such as additional policies or liable parties. A lawyer can review your case and explain your options.

Types of Car Accident Cases Handled by Our Lawyers

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.


- Robin Albritton

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


- CD

Chicago lawyer, Paul A. Greenberg is a top-rated by Super Lawyers
Personal Injury Super Lawyers Rising Star
Top-rated lawyers at Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers are members of the Illinois State Bar Association
Top-rated lawyers at Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers are members of the Workers' Compensation Lawyers Association

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