Uninsured Driver Accident in Rockford: UM/UIM Rights

Getting into a car accident is scary and stressful enough. Discovering that the driver who hit you doesn't have insurance, or doesn't have enough insurance, adds a layer of fear and panic. You're left wondering: How will I pay for my medical bills?

The good news is that you are not left completely stranded under Illinois law. Your auto insurance policy likely contains a critical safety net designed for this exact situation: Uninsured Motorist (UM) Coverage and Underinsured Motorist (UIM) Coverage. These coverages protect you and your family from drivers who fail to follow the law.

At DeRango & Cain, LLC, we understand that dealing with insurance claims—even against your own company—is confusing and frustrating, especially when you're hurt. We help injured people in Rockford navigate these claims to get the full financial protection they paid for.

Don't Face the Insurance Company Alone

A severe accident with an uninsured driver can leave you with significant losses, and negotiating with an insurance company—even your own—is complex. You have a limited time to file a claim.

If you or a loved one has been injured in a car accident in Rockford, contact DeRango & Cain, LLC immediately for a free, confidential case review. Call us at (815) 216-5911 or fill out our online contact form to protect your right to compensation.

The Essential Safety Net: UM and UIM Coverage

When an at-fault driver has no insurance, your only realistic chance of recovering compensation for your personal injury losses is through your auto policy's UM/UIM coverage.

1. Uninsured Motorist (UM) Coverage

Uninsured Motorist Coverage is designed to step in when the other driver is legally responsible for the crash but has no auto liability insurance.

UM Coverage in Illinois is Mandatory

In Illinois, all auto insurance policies require Uninsured Motorist Bodily Injury (UMBI) coverage. You must carry a minimum of:

• $25,000 for injury to one person in a crash.
• $50,000 total for injuries in one crash.

You can, and should, purchase higher limits to protect yourself better.

When Does UM Coverage Apply?

UM coverage applies in two main scenarios:

• No Insurance: The at-fault driver has no liability insurance policy.
• Hit-and-Run: The at-fault driver flees the scene of the accident, and law enforcement is unable to identify them.

2. Underinsured Motorist (UIM) Coverage

Underinsured Motorist Coverage protects you when the at-fault driver has insurance, but their policy limits are too low to cover your full medical bills, lost wages, and pain and suffering.

How UIM Works

UIM coverage kicks in when your damages exceed the at-fault driver's available insurance money.

Example: You suffer $100,000 in damages, but the at-fault driver only has the state minimum coverage of $25,000. If you have UIM coverage of $100,000 (or more), your UIM policy can cover the remaining $75,000 of your losses.

In Illinois, UIM coverage is generally included if you purchase UM limits higher than the state minimums.

What Damages Do UM/UIM Cover?

This is where UM/UIM coverage acts like a substitute for the other driver's liability insurance. It provides the same essential compensation you would pursue in a typical car accident lawsuit against an insured driver.

UM/UIM coverage for bodily injury typically covers:

• Medical Expenses: Hospital bills, surgery, physical therapy, and future medical needs.
• Lost Wages: Income you missed because your injuries kept you from working.
• Pain and Suffering: Compensation for the physical discomfort and emotional distress caused by the accident and your recovery.

What About My Car? (Property Damage)

While Uninsured Motorist Bodily Injury coverage is required, the property damage portion (UMPD) is separate and often not required by law.

• If you have Collision Coverage on your policy, this will typically cover damage to your vehicle, regardless of who was at fault (though you will have to pay your deductible).
• If you only rely on your UM coverage, you must have purchased the specific Uninsured Motorist Property Damage (UMPD) option to cover repairs to your car.

The Process: Why You Need Help with Your Own Insurance Claim

Filing a UM or UIM claim is unique because you are pursuing a claim against your own insurance company. Even though they are your insurer, their goal remains the same: to minimize the payout.

1. The Initial Claim vs. The Lawsuit

When you file a UM/UIM claim, you are not filing a traditional lawsuit against your insurer immediately. Instead, you are asserting a contractual claim—you are asking them to honor the terms of the policy you paid for.

2. Establishing Fault

Even though you are claiming against your own policy, you must still prove that the uninsured driver was 100% at fault for the accident. Your insurance company will investigate the crash as if they were the at-fault driver's insurer, often looking for reasons to reduce or deny your claim by finding fault with your actions.

3. Negotiating Damages

The biggest challenge is convincing your insurer to pay the full value of your injuries, including pain and suffering. They will try to downplay your injuries or suggest that your medical treatment wasn't necessary. If you cannot agree on a fair settlement, the process may move to arbitration (a type of private mini-trial) or, less commonly, a lawsuit.

What to Do Immediately After an Accident with an Uninsured Driver

Your actions immediately after the crash are crucial to protecting your UM/UIM claim:

1. Get to Safety & Call the Police (911): Always call law enforcement, especially in a crash involving an uninsured driver or a hit-and-run. The Police Accident Report is essential, as it documents the facts of the collision and, critically, the other driver's lack of insurance.
2. Gather the Other Driver's Information: Collect the driver's name, address, phone number, and license plate number. Do not rely on their word—get proof of who they are.
3. Document the Scene: Take photos of both vehicles, the damage, and the surrounding area.
4. Seek Medical Care: Get checked out by a doctor immediately. Delaying medical care gives your insurance company a reason to argue that your injuries weren't serious or were caused by something else.
5. Notify Your Insurer (Carefully): You must notify your insurance company quickly, but be cautious. Only provide the basic facts (date, time, location). Do not give a recorded statement or sign any documents without speaking to a legal professional first.

Should I Get More Than the Minimum UM/UIM Coverage?

The minimum UM/UIM limits of $25,000-$50,000 in Illinois are often completely inadequate in a serious crash, as medical bills can quickly exceed $25,000.

• Protect Yourself: We generally advise all drivers in Rockford to purchase UM/UIM limits that match their liability coverage. If you buy $250,000-$500,000 in liability coverage to protect your assets, you should buy the same limits for UM/UIM to protect your health.
• The Cost: Increasing these limits is usually affordable and provides a far greater financial safety net for you and your family.

Rockford Car Accident Lawyers

When an uninsured driver hits you in Rockford, you are effectively suing your own insurance company to receive the benefits you paid for. Insurance companies have lawyers who work hard to save them money. You need a dedicated legal team on your side to ensure they honor their contract and pay you what you deserve.

At DeRango & Cain, LLC, we understand how to build a rock-solid case that demonstrates the full value of your damages. We will handle all communication, negotiations, and—if necessary—the arbitration or litigation process to secure the compensation you need to recover.

Don't let the stress of an uninsured driver leave you paying out of pocket for your injuries. Call DeRango & Cain, LLC at (815) 216-5911 or visit our car accidents page today for a free review of your claim.