After a crash, a lot of drivers will not want to “get insurance involved.” They think that, by working around insurance, they can save money and avoid having their rates go up for causing a crash. However, these drivers are often putting you at risk, and you might not be able to get full compensation if they refuse to provide insurance.
Illinois law requires drivers to carry insurance so that it can be used in the event of a crash. If the driver refuses to provide you with their insurance info after a crash, the police can often help. You should call them to the scene of the crash anyway, and they can require the driver to provide proof of insurance. If that fails and the driver still refuses, you can still get compensation from the at-fault driver in a lawsuit. You should also have additional benefits on your policy to help cover your injuries if the other driver does not have insurance.
For help with your car accident case, call Rhatigan Law Offices at (312) 578-8502 to speak with our Illinois personal injury attorneys in a free case review.
Why Wouldn’t a Driver Show Me Their Insurance After a Crash in Illinois?
Drivers are required to have insurance if they are going to drive their car on the streets of Illinois. Your policy must cover at least $25,000 per person for injury and $50,000 per crash, plus another $20,000 in property damage coverage. Drivers might not provide you with their insurance information after a crash because they do not have insurance or because they want to avoid notifying their insurance – which is often a violation of their policy, if not outright insurance fraud.
If a driver does not have insurance, they cannot produce proof of insurance. The fact that the other driver in your crash is arguing with you and refusing to show you their insurance card is a good sign that this might be the case and that they might not have insurance at all.
Alternatively, many drivers try to pay out of pocket for injuries and simply issue a check to the victim. This could be incredibly bad for a few reasons. First, the check might bounce or get canceled after you walk away from the crash, so you should never trust a personal check. Second, you could have injuries and damage you do not yet know about, so you should never accept a settlement before getting medical care and consulting with an Illinois car accident lawyer about what your case is worth. Third, by failing to report the accident to one’s own insurance company, a driver could be in violation of their policy. This could even constitute insurance fraud, and you might be committing fraud as well if you do not inform your own insurance company about the crash.
How to Get the Other Driver’s Insurance Information After an Illinois Car Crash?
After an accident, you should always call the police, and they can take care of getting insurance information for you if the other driver is being difficult.
If there is personal injury involved in a crash, then 625 ILCS 5-11-401 requires you to stop at the scene, 403 requires you to give your contact info to the other driver and “render aid,” and 407 requires you to alert the police to the crash “by the fastest means” you can. When police respond to a crash, they will usually come with an ambulance as well, so that step is necessary to fulfill the other duties under section 403, which require you to render aid to anyone who needs it (or get an ambulance for them instead). Additionally, the officer will write up a report about what happened.
For their report, they are likely going to ask for everyone’s insurance information. If the driver does not have insurance or is unable to produce proof of insurance, the police officer will likely issue them a ticket. Because of this added pressure to produce their insurance, the driver will likely give up trying to stonewall you and actually produce their insurance card if they have insurance. If they still refuse to let you see their information but do show it to the police, you can ask the police for their information or get it from the police report.
If the driver still does not provide their insurance, that is likely because they do not have insurance.
How to Get Paid for Car Accident Damages if the Other Driver Doesn’t Have Insurance in Illinois
The fact that the other driver does not have insurance might reduce your chances of getting your damages paid for. Insurance is there to ensure that the driver has enough money to cover injuries after a crash since many people cannot afford to pay for damages out of pocket. That means that if you get hit by someone who does have insurance, there will be at least $25,000 there (the minimum policy limit) to cover your injuries. If they do not have insurance, that does not stop you from getting compensation directly from them.
Drivers can still be sued for the accidents they cause. If they have insurance, that will help them pay, but they can still be forced to pay out of pocket for the damages they cause if they don’t have insurance. In a lawsuit, you can win a court order for them to pay you directly.
Some defendants are what we call “judgment-proof” in that even when there is a judgment against them, they cannot pay it, so you cannot collect. However, many people do have the funds to cover injuries and might have assets we can attach to the case to pay for the damages they refuse to cover through insurance or out-of-pocket payments.
Can My Insurance Help if the Other Driver Doesn’t Have Insurance in Illinois?
Illinois auto policies must have uninsured motorist coverage that can help you pay for your injuries if the other driver does not have insurance. The minimum coverage is $25,000 per person/$50,000 per accident. You file this claim with your own insurance company.
Call Our Illinois Car Accident Lawyers Today
For a free evaluation of your accident case, call (312) 578-8502 to speak with the Chicago car accident attorneys at Rhatigan Law Offices.