The law on car accidents in Edwardsville, Illinois, requires negligent drivers to pay for the property that is damaged as well as the injuries that the driver inflicts on others. But, there are drivers in the state who do not have automobile insurance coverage. If an underinsured motorist injures someone else in Illinois, even if the victim pursues and wins a civil injury car accident lawsuit, if the negligent driver does not have money, the victim cannot receive compensation. However, that is not to say that the victim has no legal recourse if they are injured by an uninsured, negligent driver. If the driver who injured the victim is uninsured and genuinely without finances, a dedicated Illinois car accident attorney can find alternative avenues for the injured party to obtain compensation.
According to our state’s law, drivers are obligated to carry uninsured motorist coverage. The minimum coverage limits are $25,000 per person, and the maximum is $50,000 per accident. The coverage is designed to offer basic protection to people injured in a collision with an uninsured or underinsured negligent driver. However, when the injuries are serious, the amount of damages may well exceed what that coverage actually provides.
Common Questions for Illinois Car Accidents
Below, we discuss a few frequently asked questions about uninsured drivers and car accidents in Edwardsville, Illinois. If one is injured by a negligent driver, do not wait. Contact a car accident attorney immediately.
- What Type of Insurance is Required by Law in Illinois?
The state requires all drivers to carry liability insurance for any car they drive. The minimum coverage required is $20,000 for the death or injury of one person, $15,000 for property damage, and $40,000 for multiple injury victims or fatalities in a single crash. Uninsured motorist coverage is also mandatory.
- If Insurance is Mandatory, How Can Drivers be Uninsured?
You have to have auto insurance to register a car in Illinois. Some drivers, especially those without financial means, will purchase the insurance to register a car and then cancel the policy. Until those drivers are pulled over by law enforcement officials or involved in a car accident in Edwardsville, IL, they drive around penalty-free.
- How Can One Obtain Compensation if One is Injured in a Car Collision Caused by an Uninsured Driver?
If one is injured in a crash and the other driver does not have insurance, or that driver’s policy is insufficient to provide adequate compensation for the damage and injuries, the victim and the victim’s car accident attorney are likely to examine the victim’s own insurance policy. If the victim has uninsured motorist coverage, then the insurance provider should pay what their client would otherwise receive if the negligent driver had adequate coverage, up to the limits of that coverage.
Further, you may have coverage under a policy that has been purchased by someone else in the household or family. In some instances, finding a policy that sufficiently covers your injuries can require a fair amount of effort. However, it is the first step when you are injured, cannot work, and the medical costs continue to soar as a result of the injuries incurred in the crash.
- What Happens If Someone Loans an Insured Vehicle to an Uninsured Friend Who Causes a Crash with Injuries?
The general rule is that car insurance policies cover the car as opposed to the person who drives the car. In Illinois, if a person loans their car to someone who drives negligently and causes an accident with injuries, a claim is likely to be made against the auto insurance policy, and that means the policyholder is likely to pay more for insurance in the future.
But, there are cases where the insurance providers will not extend cover to a driver not named on the policy.
- What Steps Can One Take to Protect One’s Self and Passengers?
You may wish to consider a personal liability umbrella policy. This provides extra coverage beyond the uninsured motorist coverage. Personal umbrella insurance is typically liability insurance in excess of other policies for losses that are not covered by those policies.
- Are There Any Legal Penalties for People Who Drive Without Insurance?
In our state, driving without insurance is considered a petty offense, which means that jail time is not imposed. However, a conviction for driving without insurance in the state of Illinois is punishable with a fine that can range anywhere from $500 up to $1,000. Furthermore, the vehicle’s registration along with the driver’s license will be suspended until such times as the driver can provide proof that the driver obtained auto insurance coverage. After a first conviction for driving around without insurance, the driver’s failure to maintain insurance coverage may result in another suspension of the license.
- Is There Recourse If One is Injured by a Hit-and-Run Driver?
There are several reasons why a negligent driver would leave the scene of a crash after causing injuries to other people. One of the leading reasons is that the driver may not have insurance. So, even if the police can identify the driver, there is no reason to assume that the driver has adequate coverage. Further, if one is injured by a hit-and-run driver who may not be identified, they may have to make a claim against their own uninsured motorist coverage. However, it is a good idea to discuss legal rights and options with a car accident lawyer.
Talk to an Illinois Car Accident Attorney About Your Case
If you were injured in a car accident in Edwardsville, IL caused by an uninsured or underinsured and negligent motorist, promptly discuss the case with a dedicated car accident attorney at Walton Telken to discuss resource, compensation, and liability. The attorneys will handle the case and seek a fair settlement or ruling for compensation to cover medical and other expenses while the victim concentrates on overcoming the anxiety and injuries caused by the crash. Book your legal consultation today.