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What Happens If You're Hit by an Uninsured Motorist?

Oct 12, 2022

Every driver faces some level of risk anytime they are on the road. But do you know the additional risks that you face from uninsured drivers around you? The Insurance Information Institute estimates that as many as 11.8% of Illinois drivers do not carry enough (or any) insurance to cover injury or damage if they're responsible for an accident.



While you can't force all drivers to get the right coverage, you can protect yourself and your passengers. The best ways to do this are to ensure that you have the right insurance coverage yourself and that you know what to expect if you have to use it. Discover a few of the most important things to know. 

Does Your Own Insurance Kick In? 

The state of Illinois, like a few others, requires that drivers carry at least a minimum amount of uninsured motorist insurance. This is a protective measure against your risk of being hit by someone without their own insurance. While no one wants to use their uninsured motorist coverage, it's a lifesaver when you need it.



In addition, you may have underinsured motorist insurance. This coverage helps fill in any gaps between the policy limits of the other driver's insurance and your own damage or injury costs. For instance, if the driver who hit you only carries the minimum bodily injury coverage under Illinois law — $20,000 — you may be able to draw on underinsured motorist coverage to help pay your $40,000 medical bill.

What Challenges Will You Face?

Of course, you will face some common challenges when you must draw on your own insurance. The carrier will naturally want to ensure that they don’t pay costs that a different insurance company should properly pay for. They may need to investigate the accident and the other drivers to determine who is at fault and if any other policies could be drawn on.



Because you only have your insurance policy to rely on, you may not have as much financial buffer as you would otherwise. Once you reach your policy limits, you may have little else to go after. This is the most important reason to consider purchasing higher amounts of uninsured motorist insurance, especially if you have a more expensive vehicle or regularly have multiple passengers.

Should You Sue the Driver?

Anyone in an accident with an uninsured or underinsured motorist must make their own decision about suing the other driver. You generally have the right to sue them in court for damages, including for both costs you've incurred and such things as pain and suffering. Depending on the nature of your accident, you may have a solid case.



However, not all uninsured drivers have assets that can pay your bills and any judgment you get. There could be a reason that they didn't buy proper insurance to begin with. Also, Illinois law allows judgments to be lowered by any amount of liability you had for the accident. So the choice to sue is a personal decision to make later — and in consultation with an attorney.

Where Can You Learn More?

While your chances of an uninsured or underinsured motorist hitting your car are lower than average, they are high enough that every driver should be prepared. The best place to begin is to discuss your current insurance coverage and limits with a qualified Illinois insurance agent.



Clover Insurance Agency has assisted Illinois residents and drivers with all their auto insurance needs for more than 40 years. Call or make an appointment today to get answers to your questions or assess your insurance coverage with our trained team members. 

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