Insurance is a necessary part of owning and driving a vehicle. Illinois requires drivers to be insured, but some accidents exceed the limits of insurance policies, and injured victims have difficulty covering damages. If the at-fault driver is underinsured, an attorney may help you determine the best way to cover all your damages so you can recover and return to your normal life.
When an at-fault driver is underinsured, the other driver might not get the full extent of their damages covered. In Illinois, drivers are required to carry uninsured and underinsured motorist policies, and the coverage should be equal to their liability coverage. If the at-fault driver is underinsured, you may turn to these policies to fill in the gaps. Whether or not you even need to file such a claim might still be unknown. We must determine the extent of your damages and the limits of the at-fault driver’s insurance before we turn to your underinsured motorist coverage. Depending on your situation, we might want to consider suing the at-fault driver rather than filing an insurance claim.
Call (312) 578-8502 and ask our Chicago car accident attorneys at the Rhatigan Law Offices for a free, private review of your case.
How to Cover Your Damages if the At-Fault Driver in a Chicago Accident is Underinsured
Covering your damages after a car accident is seldom simple or easy. It can be even more difficult when the other driver is underinsured. Fortunately, drivers in Chicago may have other insurance policies they can turn to. Your own insurance may be of great help, but this might not be everyone’s experience. If you still have trouble covering your damages, our Berwyn, IL car accident lawyers will help you explore other legal options, like a lawsuit against the at-fault driver.
Underinsured Motorist Coverage
The State of Illinois requires drivers to carry various forms of insurance. In addition to standard liability insurance, drivers must carry underinsured motorist insurance. These policies are specifically designed to help drivers cover the costs of an accident when the at-fault driver’s liability insurance is insufficient.
Insufficient liability insurance is a common problem in severe accidents, where injured victims suffer damages and costs that exceed the limits of the other driver’s insurance policy. For example, your totaled vehicle and exorbitant medical costs might be more than the at-fault driver’s policy limit. In such a case, a lawyer can help you file a claim with your underinsured motorist coverage to make up the difference.
Underinsured motorist coverage is mandatory, but there are no specific minimum requirements. According to 215 I.L.C.S. § 5/143a-2(4), your underinsured motorist policy must be equal to your standard liability coverage. If you choose to purchase liability coverage that is greater than the legal minimum requirements, your underinsured motorist coverage must also be greater than the legal minimum requirements.
Uninsured Motorist Coverage
A claim with your uninsured motorist coverage may only be necessary if the at-fault driver has no insurance at all. If they are underinsured, you likely cannot file a claim with your uninsured motorist policy. Even so, this is worth looking into if the at-fault driver’s insurance situation is unclear or dubious.
Like underinsured motorist coverage, there are specific minimum requirements for uninsured coverage. According to § 5/143a-2(1), uninsured motorist coverage must equal your liability coverage. If you opt for higher liability coverage, you must also opt to increase your uninsured motorist coverage.
How Do I Know if I Need to File an Underinsured Motorist Claim in Chicago?
Insurance can be a tricky thing to navigate. Many drivers are not sure about another driver’s insurance status until they exchange information and try to file a claim. Many drivers do not know they must file an underinsured motorist claim until they have already filed a claim with the at-fault driver’s liability coverage.
Suppose a driver has the minimum liability coverage required by law. In that case, there is a stronger chance that your damages will exceed their policy limits, especially if your injuries and losses are severe or extreme. We might need to contact the at-fault driver’s insurance company first to figure out the extent of their coverage. Next, we must accurately identify and assess all your damages to know if the other driver’s insurance can cover them completely.
If any pieces of this puzzle are missing, we should focus on gathering more information. If we know the extent of your damages and that they exceed the at-fault driver’s policy, we should reach out to your insurance company about an uninsured motorist claim. As you can tell, there are many balls in the air when it comes to filing insurance claims, and it is best to work with an experienced lawyer.
Filing a Lawsuit After an At-Fault Driver is Underinsured in a Chicago Car Accident
Unfortunately, insurance does not always help us when we need it. Perhaps your damages are so substantial that they exceed the policy limits of the at-fault driver and your underinsured motorist coverage. Maybe your coverage was denied because of a technicality. Either way, you should talk to an attorney about other legal options, including a civil lawsuit.
If you and your attorney believe a lawsuit may be necessary, be careful when communicating with an insurance provider. Do not accept an insufficient insurance settlement offer from the at-fault driver’s insurance provider. If you accept the offer, you will likely be barred from pursuing further legal action against the other driver. If you cannot claim underinsured coverage, you might be out of luck.
Gather evidence of fault and your damages. Insurance companies often resist paying out policies unless strong evidence supports your claims. We need proof that the other driver is responsible and that the insurance policy covers your accident. Your attorney can review whatever evidence you have and the insurance policy to make sure you are covered. If insurance is not a good option, your lawyer can use that evidence to begin building a civil lawsuit.
Contact Our Chicago Car Accident Attorneys About Your Case Today
Call (312) 578-8502 and ask our Arlington Heights, IL car accident attorneys at the Rhatigan Law Offices for a free, private review of your case.
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