Uninsured Motorist Accident Lawyer
Champaign Uninsured/Underinsured Motorist Accident Lawyer
In Illinois, every driver on the road is expected to carry the minimums of auto insurance in case of an accident or injury. However, thousands of drivers get behind the wheel every day who are either uninsured or underinsured for accidents. If you are injured by an uninsured or underinsured driver, do you know how to get the compensation you need for your injuries? You will need a Champaign uninsured underinsured motorist accident lawyer. At Patel Law, P.C. in Champaign, our experienced attorneys have successfully represented victims of uninsured or underinsured motorists and helped them get the money they need after an accident. Call the office or contact us today to schedule a free consultation of your case.
Auto Insurance Minimums in Illinois
Illinois has mandatory auto insurance minimums for all drivers that operate vehicles within the state borders. However, even if a driver has the minimum auto insurance coverage to avoid being uninsured on the road, they may still be underinsured if involved in an accident that causes serious property damage or injuries. The minimum auto coverage in Illinois includes the following:
- $25,000 – injury or death of one person in an accident
- $50,000 – injury or death of more than one person in an accident
- $20,000 – damage to property of another person
One option to help cover the costs of an accident when it is caused by an uninsured or underinsured driver is to get uninsured/underinsured motorist coverage as part of your own auto insurance.
Uninsured/Underinsured Motorist Coverage
According to the Insurance Research Council, an estimated 13% of drivers nationwide drive without the required auto insurance minimums. Uninsured/underinsured motorist coverage is an option for your own auto insurance that helps to cover the costs of out-of-pocket expenses like medical bills if the driver who caused the accident does not have enough insurance to cover your costs. This coverage may also pay for other economic and noneconomic damages, such as property damage, lost wages, and pain and suffering caused by the crash. Uninsured/underinsured motorist coverage also applies to any passengers in your vehicle at the time of the accident.
How do I Collect Compensation?
Collecting compensation can be incredibly difficult when an accident is caused by an uninsured or underinsured driver. The first step is to calculate the total damages caused by the crash. This is done by determining the economic and noneconomic costs of the accident. Economic damage includes all out-of-pocket expenses like property damage, lost wages, medical bills, and the loss of future income and benefits. Noneconomic damages include pain and suffering, emotional distress, disability, disfigurement, and the loss of enjoyment of life.
The next step in collecting compensation is determining fault in the accident. Illinois uses a modified comparative fault rule when determining fault in personal injury cases. This means that the court decides the degree of fault for every party involved in the accident and reduces their overall compensation by that percentage. However, if a party is found to be 50% or more at fault for the accident, they are barred from recovering anything. Having an expert in auto cases represent your interests in an uninsured/underinsured motorist case is crucial at this step in the compensation process because an unfavorable ruling on fault could significantly reduce or even prohibit you from collecting damages for your injuries.
Once the final calculation is made for compensation in an uninsured or underinsured accident, collection can begin. This step in the process can be incredibly complex, with multiple parties and insurers all trying to pay and cover costs. First, any coverage that the at fault driver has is used to pay for the damages caused by the accident. Second, your own uninsured/underinsured motorist coverage covers any additional costs, and your insurer may seek to recoup their costs from the other driver’s insurance company. Any remaining compensation may be sought by going after the driver personally for damages. This can include liens, sale of personal property or real estate, and more to cover the damages caused by an accident.
Given the complexity of the compensation collection process in an uninsured/underinsured motorist case, it is critical that you seek representation from an experienced attorney for your claims. An attorney can review the facts of your case, advise you on the true value of your claims, fight any accusations of fault, negotiate with multiple insurers, and ensure that you get the compensation that you deserve after an accident.
Talk to Our Office Today
To learn more about how the expert uninsured/underinsured motorist attorneys at Patel Law, P.C. can help in your case, call or contact us today in Champaign to schedule a free consultation.