Can I Still Collect Compensation If the Other Driver Is Uninsured?

 Posted on October 30, 2020 in Car Accidents

You can never foresee if or when you will be involved in a car accident. For some, they may experience their lives flashing before their eyes during a crash, while others may be caught in a number of accidents throughout their life. Whether you are the at-fault party or not, being involved in a car accident can greatly impact your life. For those who were not responsible for the crash and have resulting injuries, their financial savings, ability to work, and quality of life can all be diminished depending on the severity of the accident. For those responsible, the cost of compensating the other party can be difficult to manage. This is especially true for those who are uninsured and are required to pay these fees out of pocket. Regardless of your level of insurance coverage, Illinois requires those who are found at-fault to provide financial assistance to the other party.

Determining Who Is At-Fault

Like most states in the U.S., Illinois is considered an “at-fault state.” Under these laws, the drivers involved in auto accidents within the state of Illinois will be assigned a level of fault, determining who is primarily responsible for the accident and how much they will owe the other party. Understandably, you may assume that one party’s actions are what cause the accident, making them solely responsible.

Most accidents, however, are a bit more complex. For instance, if two cars are turning into the same lane from different directions and one car had the right of way, but was also found to be texting while driving, a portion of the blame for the accident may be taken off of the other driver since they were not driving distracted. While you are filing your claim, both attorneys will work to discover who was more at-fault for the accident and fight on their client’s behalf to secure compensation for any injuries, car damage, medical bills, and pain and suffering.

What About Those Who Are Uninsured?

If you are ever involved in a car crash, you should always collect the other party’s contact and insurance information before leaving the scene of the accident. Without this information, you will be unable to make a claim against the other driver. In some instances, unfortunately, you may discover that the other driver is uninsured and are concerned about your ability to collect compensation. If this is the case, you will need to immediately contact your insurance company to make a claim. You will provide them with all of the information that you have regarding the accident, including the date, time, and location of the accident, the contact information of the other driver, and notify them that the other driver is uninsured.

Many insurance policies include uninsured motorist coverage which acts as a safety net for those who find themselves in this situation. If your insurance plan includes this coverage, you will be reimbursed for the costs of your injuries or losses by your own insurance company. If the at-fault party is insured but does not have enough coverage to pay for all of the damages, they will be responsible for paying off the remaining costs out-of-pocket. If you do not have uninsured motorist coverage and the other driver is uninsured, a reputable personal injury lawyer can help you pursue the compensation that you deserve from the at-fault, uninsured party.

Contact a DuPage County Car Accident Attorney

If you have been injured in a car accident, it is always advisable to speak with a personal injury lawyer before settling on the offered amount of compensation. When it comes to insurance companies—even your company’s uninsured motorist coverage—they will often fail to provide you with an adequate amount for your total losses, both physically and emotionally, from the crash. For those being offered a settlement by an uninsured driver, the number may seem adequate without the experienced eye of a personal injury attorney.

At the Law Offices of David W. Clark, P.C., our Wheaton personal injury lawyer has over two decades of experience in this area of law, helping Illinois residents secure adequate compensation regardless of the other party’s level of insurance coverage. For help with your case, contact our firm at 630-665-5678 to discuss the details of the accident during your free consultation.

Sources:

https://www.coverage.com/insurance/auto/what-does-a-no-fault-state-mean-for-auto-insurance/

https://www.amfam.com/resources/articles/on-the-road/accident-with-uninsured-driver