What Happens If You’re Hit by an Uninsured Driver in Illinois?

A person injured by an uninsured driver in Illinois may be able to pursue uninsured motorist benefits under their own auto policy, the policy covering the occupied vehicle, or another policy under which they qualify as an insured. A direct lawsuit against the uninsured driver may also be possible, although collecting a judgment can be difficult when the driver lacks insurance, income, or nonexempt assets.

Facing medical bills and vehicle damage after following Illinois insurance requirements can be frustrating when the other driver has no active coverage. The available options depend on the applicable policy language, insured status, claim deadlines, evidence of fault, and any other coverage sources connected to the crash.

Key Takeaways:

• Illinois generally requires uninsured motorist (UM) bodily injury coverage in qualifying auto insurance policies, but coverage depends on whether you qualify as an insured under an applicable policy.
• A UM claim is a first-party insurance claim, which follows policy terms and may involve different procedures and deadlines than a lawsuit against the uninsured driver.
• You may also have the option to sue the uninsured driver directly, although collecting a judgment depends on the driver’s available assets and other factors.
• More than one source of coverage may be available, including the occupied vehicle’s policy, a household policy, employer coverage, rideshare coverage, or workers’ compensation, depending on the circumstances.
• A UM claim generally requires proof that the policy applies, the other driver qualifies as uninsured, the driver was legally responsible for the crash, and the accident caused compensable damages.
• Reporting the crash, preserving evidence, seeking medical care, and reviewing your complete insurance policy promptly can help protect potential claims and policy rights.
• Different deadlines may apply to lawsuits, UM or UIM policy requirements, arbitration demands, and claims involving public entities, so satisfying one deadline does not necessarily preserve another.
• Policy limits, comparative fault, setoffs, liens, and policy terms may all affect the amount ultimately payable under a UM claim.

What does “uninsured driver” mean under Illinois law?

An uninsured driver is not limited to someone who simply failed to purchase auto insurance. Under Illinois law and the terms of many auto insurance policies, the term may also include certain situations where liability coverage is unavailable or a qualifying hit-and-run driver cannot be identified. By contrast, a driver may be considered underinsured when the applicable bodily injury liability limits are lower than the injured person’s applicable UIM limits, as defined by Illinois law and the policy.

The circumstances surrounding the crash often determine which type of claim may be available. Examples include:

No active liability insurance policy: The at-fault driver had no applicable liability coverage in effect at the time of the collision.

Lapsed or canceled coverage: A policy may have expired, been canceled, or otherwise was not in force when the accident occurred.

Disputed or denied coverage: An insurer may deny coverage based on policy terms or another coverage issue. A denial alone does not automatically establish that the vehicle qualifies as uninsured, and further coverage analysis may be required.

Insolvent insurer: If the at-fault driver’s insurer becomes insolvent, additional issues involving the Illinois Insurance Guaranty Fund and applicable statutes may affect available coverage.

Hit-and-run or unidentified driver: A driver who leaves the scene or cannot be identified may qualify under uninsured motorist (UM) coverage if the policy requirements and applicable legal standards are met.

Underinsured driver: A driver who carries liability insurance with limits that are lower than the injured person’s applicable underinsured motorist (UIM) coverage is generally considered underinsured rather than uninsured.

Driver using someone else’s insured vehicle: A driver without a personal auto policy may still be operating a vehicle covered under another person’s insurance policy. Whether coverage exists depends on factors such as ownership, permissive use, policy language, exclusions, and the claimant’s status under the policy.

The circumstances of the other driver’s insurance status can affect which type of claim may be available and what coverage should be investigated. The table below summarizes common situations involving uninsured or underinsured drivers and the Illinois coverage issues that may arise.

Uninsured vs. Underinsured: Why the Difference Changes the Claim

Although the terms are often used interchangeably, uninsured motorist (UM) and underinsured motorist (UIM) claims involve different legal and insurance issues.

A UM claim generally applies when qualifying liability coverage is unavailable, such as when the at-fault driver has no applicable insurance or a qualifying hit-and-run situation falls within the policy’s uninsured motorist provisions. A UIM claim, on the other hand, generally applies when the at-fault driver has liability insurance, but the available coverage is lower than the injured person’s applicable UIM limit.

Neither type of coverage automatically pays the full policy limit. Available benefits depend on factors such as liability, comparative fault, policy limits, applicable setoffs, and the specific policy language.

A later section of this guide provides an illustrative example showing how UM and UIM benefits may operate under different scenarios.

Settling With the At-Fault Driver Can Affect a UIM Claim

A UIM claim also requires careful coordination with any settlement involving the at-fault driver. Under 215 ILCS 5/143a-2, the UIM insurer may have subrogation rights against the underinsured motorist, and the statute provides a process for giving the insurer advance written notice of a tentative settlement. After receiving that notice, the insurer has 30 days to advance an amount equal to the tentative settlement if it wants to preserve its subrogation rights. Settling with and releasing the underinsured driver without satisfying applicable statutory and policy requirements may impair or bar UIM benefits, depending on the circumstances and controlling Illinois law.

Hit-and-Run and Unidentified Drivers

A hit-and-run or unidentified vehicle may qualify for uninsured motorist bodily injury coverage, but eligibility depends on the applicable policy language, notice requirements, available evidence, and any enforceable policy conditions. The circumstances of each crash are important, particularly when the at-fault driver cannot be identified.

Illinois law treats uninsured motorist bodily injury coverage and uninsured motorist property damage (UMPD) differently. Under 215 ILCS 5/143a, insurers offering UMPD may include a requirement that the uninsured vehicle make actual physical contact with the insured vehicle. The statute also provides that UMPD does not impose liability when the owner or operator of the uninsured or hit-and-run vehicle cannot be identified. As a result, collision coverage, if purchased, may provide the practical source of vehicle-damage coverage after certain hit-and-run crashes, subject to its deductible and policy terms.

If the fleeing driver is later identified and faces criminal charges, those proceedings do not by themselves establish civil liability or create compensation for the injured person. Civil recovery and insurance coverage remain separate legal issues. Because the rules governing physical contact, corroborating evidence, and unidentified drivers can be highly fact-specific, these issues should be evaluated under the applicable policy and current Illinois law.

What should you do first after a crash with an uninsured driver?

After a crash with an uninsured driver, the priority is to report the accident, obtain appropriate medical care, notify any potentially applicable insurer promptly, preserve available evidence, and request the complete insurance policy documents. Unlike a standard liability claim, an uninsured motorist (UM) claim is governed by the insurance policy as well as Illinois law, making policy definitions, notice requirements, and contractual deadlines especially important.

Taking the following steps early may help preserve both evidence and available coverage:

• Report the crash and obtain a police or crash report. In Chicago car accident claims, the report may document the parties involved, witnesses, and reported insurance information, even though it does not establish civil liability by itself. For more detail, see how a police report affects an Illinois injury claim.
• Photograph the scene. Capture the vehicles, roadway conditions, traffic controls, and any visible injuries before conditions change.
• Preserve dashcam and surveillance footage. Save your own recordings and request nearby video promptly before it is overwritten.
• Collect witness information. Obtain names and contact details while memories are still fresh.
• Seek appropriate medical evaluation. Medical records help document injuries and the timing of treatment.
• Keep a symptom timeline. Record when symptoms began, how they changed, and the treatment you received.
• Notify any potentially applicable insurer promptly. Many UM policies require timely notice of a claim.
• Ask about policy requirements. Confirm any notice, recorded statement, examination, or arbitration procedures that may apply.
• Request complete policy documents. Obtain the declarations page, full policy, endorsements, and any UM coverage selection or reduction forms.
• Keep copies of insurance communications. Save letters, emails, claim forms, and notes from phone conversations.
• Review other possible coverage sources. Another household, vehicle, employer, or commercial policy may also apply, depending on the circumstances.

Recorded Statements and Medical Authorizations

Before giving a recorded statement or signing a broad medical authorization, review what the policy requires and consider obtaining legal advice.

An insured may have contractual duties to provide notice, cooperate with the insurer, attend examinations where permitted, or produce certain documents, but those obligations do not necessarily require signing every form presented without reviewing its scope.

It is also important to remember that the insurance adjuster is evaluating a claim the insurer may be asked to pay. That does not make the insurer an adversary in every respect, but it does mean the claim will typically be investigated for coverage, liability, causation, comparative fault, and damages before a coverage decision or settlement evaluation is made.

How does an Illinois uninsured motorist claim work?

An uninsured motorist (UM) claim is a first-party contractual claim made under an applicable insurance policy rather than a negligence claim brought directly against the at-fault driver.

To recover UM benefits, the claimant generally must show that an applicable policy covers the person and the accident, that the other vehicle qualifies as uninsured under the policy and Illinois law, that the uninsured driver was legally responsible for the collision, and that the crash caused compensable damages.

Unlike a lawsuit against the at-fault driver, a UM claim is governed by both Illinois law and the insurance contract, meaning the policy’s definitions, conditions, notice requirements, and arbitration provisions may all affect how the claim proceeds.

What You Have to Prove

Although every claim depends on its specific facts and policy language, a UM claimant will generally need to establish several key elements, including:

• The policy was in force at the time of the collision.
• The claimant qualifies as an insured under the applicable policy.
• The other vehicle qualifies as uninsured under the policy and applicable Illinois law.
• The policy’s conditions have been satisfied, including any applicable notice or procedural requirements.
• The uninsured driver was negligent and legally responsible for the crash.
• The driver’s negligence was a proximate cause of the claimant’s injuries or damages.
• The claimant sustained compensable damages, supported by medical records, wage-loss documentation, and other evidence where appropriate.

Comparative fault, if raised, is evaluated under 735 ILCS 5/2-1116, meaning any fault attributed to the claimant that was a proximate cause of the injury may reduce or, if it exceeds 50%, bar recovery.

A UM insurer may dispute insured status, coverage, liability, causation, comparative fault, or damages. Chicago personal injury attorneys may evaluate these issues under the applicable policy and Illinois law because not every disagreement follows the same procedure. Some issues may proceed through contractual arbitration, while others may require a court to determine questions involving policy interpretation or coverage.

How Liability and Damages Are Arbitrated in an Illinois UM Claim

After coverage has been established, 215 ILCS 5/143a generally requires uninsured motorist policies to provide an arbitration process for disputes involving the uninsured driver’s liability and the amount of damages.

Coverage issues, such as whether the claimant qualifies as an insured, whether the policy applies, or whether a contractual deadline was met, may instead require a court to decide the dispute. The policy’s arbitration provisions should always be reviewed.

Under the statutory three-arbitrator process, each side selects one arbitrator, and those two arbitrators select a third. If they do not complete the panel within 45 days, either party may request submission to the American Arbitration Association.

Binding Arbitration Thresholds

Illinois law provides that an arbitration award is generally binding when it does not exceed:

• $75,000 for the bodily injury or death of one person;
• $150,000 when two or more people are injured or killed in the same crash; or
• The applicable uninsured motorist policy limit, if it is lower.

If an award exceeds the applicable threshold, the statute generally permits a party to reject the award and seek a trial de novo, subject to the statute, the policy, and applicable procedures. If the dispute proceeds beyond arbitration, the considerations involved in settling versus going to trial may become relevant to how the claim is resolved.

Streamlined Documentary Evidence

For certain qualifying uninsured motorist arbitrations, 215 ILCS 5/143a allows specified documents, such as medical records, medical bills, repair estimates, wage-loss statements, and certain sworn professional opinions, to be admitted without the traditional foundation if the statutory requirements are met. Generally, the opposing party must receive at least 60 days’ written notice together with copies of the documents.

Finally, contractual uninsured motorist arbitration should not be confused with Cook County court-annexed arbitration. Contractual UM arbitration arises under the insurance policy and 215 ILCS 5/143a, while court-annexed arbitration applies only after a lawsuit is filed and assigned under applicable Cook County rules.

When a UM Coverage Dispute or Arbitration Issue Goes to Court

Although many disputes involving liability and damages may proceed through contractual arbitration, some issues require judicial resolution. Depending on the circumstances, litigation may involve:

• Breach of contract claims arising under the insurance policy.
• Declaratory judgment actions to determine coverage rights.
• Insured status under the applicable policy.
• The policy’s validity and coverage on the date of the collision.
• Application of policy exclusions to the claim.
• Compliance with contractual notice, arbitration, or filing deadlines.
• The applicability of the policy’s arbitration provisions.
• Enforcement, confirmation, modification, or rejection of an arbitration award, where permitted by law.
• Potential relief under 215 ILCS 5/155 if the statutory standard for vexatious and unreasonable conduct is established.

When the venue is legally proper, a coverage lawsuit related to a Chicago-area claim may proceed in the Circuit Court of Cook County. How an Illinois lawsuit progresses depends on the nature of the dispute, the parties involved, the court’s scheduling orders, and the procedural issues that arise.

What deadlines apply to an Illinois UM claim and lawsuit?

Several deadlines may run at the same time after a crash with an uninsured or underinsured driver. The deadline for suing the driver, the contractual procedure for pursuing UM or UIM benefits, a wrongful-death action, and a claim involving a public entity may each require different acts within different periods.

Reporting the insurance claim, filing a lawsuit against the driver, and demanding arbitration are not necessarily interchangeable steps.

Under 735 ILCS 5/13-202, most personal injury lawsuits must generally be filed within two years after the cause of action accrues. Claims involving a fatal uninsured-driver crash may require separate review by Chicago wrongful death lawyers because wrongful-death actions are governed by 740 ILCS 180/2, while 735 ILCS 5/13-211 may toll certain statutory deadlines for minors or people under a legal disability.

Claims involving local public entities may be subject to shorter deadlines under 745 ILCS 10/8-101.
Contractual UM and UIM Deadlines

A UM or UIM policy may require a separate contractual step, such as demanding arbitration, filing suit, or naming an arbitrator, within a specified period. Simply reporting the claim or suing the uninsured driver may not satisfy those requirements.

In Country Preferred Insurance Co. v. Whitehead, 2012 IL 113365, the Illinois Supreme Court upheld a policy provision barring suit, action, or arbitration unless commenced within two years of the accident. That does not create a universal two-year deadline for every Illinois UM claim. The applicable policy must be reviewed to determine both the deadline and the action required to satisfy it.

Important: Different deadlines may apply to the lawsuit against the driver, the UM or UIM claim, arbitration, a wrongful-death action, or a public-entity claim. Meeting one deadline does not necessarily preserve the others.

What coverages may apply when the at-fault driver has no insurance?

More than one source of coverage may be available after a crash with an uninsured driver, but eligibility depends on the specific facts, the applicable insurance policies, insured status, exclusions, coverage limits, and other policy terms. Identifying every potentially applicable policy early can help ensure that available coverage is not overlooked.

Uninsured motorist property damage (UMPD) is separate from UM bodily injury coverage and should not be assumed to exist. Illinois law requires insurers to make UMPD available for qualifying vehicles, generally up to the lesser of the vehicle’s actual cash value or the applicable policy limit and subject to a deductible of no more than $250. The declarations page should show whether the coverage was purchased. Statutory UMPD does not impose liability when the at-fault uninsured or hit-and-run vehicle’s owner or operator cannot be identified.

Important: Not every claimant will have access to every type of coverage listed above. This table is intended as a checklist of possible insurance sources to investigate, not a guarantee that any particular benefit applies.

Does filing a UM claim raise insurance premiums?

There is no universal answer. The effect of filing an uninsured motorist claim on future premiums or policy renewal may depend on the insurer’s approved rating rules, the policyholder’s claims history, the policy terms, and applicable Illinois insurance requirements.

If you have questions about how a UM claim may affect your policy, you can ask your insurer to explain how the claim will be handled under its rating and underwriting practices. Policyholders may also contact the Illinois Department of Insurance with questions about insurance rating or underwriting requirements.

Can you sue an uninsured driver in Illinois?

Yes. An uninsured driver may still be held legally responsible for causing a crash, and the lack of insurance does not prevent an injured person from filing a negligence claim. However, obtaining a judgment and collecting it are separate issues.

Under 735 ILCS 5/13-202, many Illinois personal injury lawsuits generally must be filed within two years, although exceptions may apply. Even if a court enters judgment, recovery is not guaranteed. Collection often depends on the driver’s income, assets, applicable exemptions, and whether bankruptcy affects enforcement.

Certain unsatisfied motor-vehicle judgments may also result in license or vehicle-registration consequences when the statutory requirements are met. If an insurer pays benefits through uninsured motorist (UM) coverage, it may retain subrogation rights against the uninsured driver. As a result, a UM claim and a direct lawsuit may need to be coordinated under the applicable policy and Illinois law.

Who else might be responsible for the crash?

The uninsured driver may not be the only person, entity, policy, or benefit source relevant to an injury claim. Depending on the circumstances, Illinois law may allow claims against additional parties whose conduct contributed to the accident or whose insurance coverage may apply.

Possible examples include:

Vehicle Owner’s Policy: If the uninsured driver was operating someone else’s vehicle with permission, the vehicle owner’s insurance policy may need to be reviewed. Whether coverage exists depends on the policy language, the driver’s status, and the specific facts of the crash. Vehicle ownership alone does not automatically create legal liability.

Negligent Entrustment: Illinois recognizes negligent entrustment claims in appropriate circumstances. A vehicle owner may be liable if the required elements are established, including evidence that the owner knew or should have known the driver was incompetent or unfit to drive safely. (Giers v. Anten, 68 Ill. App. 3d 535 (1978)).

Employer Liability: When a driver causes a crash while acting within the scope of employment, an employer may be responsible under respondeat superior. Whether the driver was acting within the scope of employment is a fact-specific inquiry. (Pyne v. Witmer, 129 Ill. 2d 351 (1989)).

Illinois Dram Shop Act: If alcohol contributed to the collision, drunk driving crash claims may involve a claim against a licensed alcohol seller when the requirements of the Illinois Dram Shop Act (235 ILCS 5/6-21) are satisfied. These claims follow separate statutory rules and are distinct from ordinary negligence claims.

Rideshare or Delivery Coverage: If the driver was working for a rideshare or delivery platform, additional insurance coverage may be available depending on the driver’s status in the app, the stage of the trip, and the applicable policy and statutory requirements (625 ILCS 57/10, where the Illinois Transportation Network Providers Act applies).

Public Entity Roadway Claims: If roadway design, maintenance, or traffic-control issues contributed to the crash, a claim involving a public entity may be considered. These claims are governed by separate statutes, procedural requirements, and governmental immunities, including the Illinois Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10) where applicable.

Workers’ Compensation: If the injury occurred while the injured person was performing job-related duties, workers’ compensation benefits may be available under the Illinois Workers’ Compensation Act (820 ILCS 305). In some cases, a workers’ compensation claim and a third-party negligence claim may proceed together.

Other Negligent Drivers: Some collisions involve multiple drivers whose conduct contributed to the accident. In those situations, comparative fault and allocation issues may arise under Illinois law, including 735 ILCS 5/2-1116, depending on the parties and claims involved.

Whether another person or entity may share responsibility depends on the specific facts, available evidence, and the applicable Illinois statutes and case law. A thorough investigation is often necessary before determining which claims or insurance policies may apply.

What if you were a pedestrian, cyclist, passenger, or have no policy of your own?

A pedestrian, cyclist, or passenger may qualify for uninsured motorist (UM) coverage under their own auto policy or another policy under which they meet the definition of an insured. Whether coverage is available depends on the policy language, insured status, and the specific facts of the accident.

• Potential sources of coverage or benefits may include:
• Your own or a household member’s auto policy, if you qualify as an insured or resident relative.
• The policy covering the involved vehicle, if you were an occupant.
• An employer’s commercial policy if the crash occurred during work-related duties.
• A rideshare policy, depending on the driver’s status in the app and the applicable coverage.
• Workers’ compensation for injuries arising out of and in the course of employment.
• Health insurance to help cover eligible medical expenses.
• A direct negligence claim against the uninsured driver.
• Other potentially responsible parties, such as another driver, vehicle owner, or employer, where supported by the facts.

What if you do not have an auto policy?

Not having an auto policy in your own name does not automatically mean you have no options, but the available sources of recovery may be more limited. Coverage under another applicable policy, workers’ compensation, health insurance, or a direct claim against the uninsured driver may still need to be evaluated based on the facts and the policy language.

How is an uninsured motorist claim valued?

An uninsured motorist (UM) claim generally seeks the damages the injured person would have been legally entitled to recover from the uninsured driver. The amount ultimately payable depends on the available UM policy limit, any applicable comparative fault, the terms of the insurance policy, prior payments, and any applicable setoffs.

Economic Damages

Economic damages are intended to compensate for measurable financial losses supported by the evidence. Depending on the circumstances, they may include:

• Reasonable medical expenses
• Reasonably certain future medical care
• Lost earnings
• Loss of earning capacity
• Property damage, where covered under the applicable policy

Noneconomic Damages

Illinois law also recognizes certain noneconomic damages when supported by the evidence. These may include:

• Pain and suffering
• Disability or loss of normal life
• Disfigurement
• Other damages permitted under Illinois law and supported by the facts of the case

A UM claim is evaluated in much the same way as a negligence claim against the uninsured driver. The claimant must still prove liability, causation, and damages, and the insurer may dispute those issues based on the available evidence.

Important: These hypothetical figures show how policy limits, comparative fault, and potential setoffs may interact. They are not an estimate of any individual claim’s value and do not reflect a past result.

Several additional factors may also affect what is ultimately payable. A policy limit establishes the maximum amount available under the applicable coverage, but it is not an automatic payment. Comparative fault under 735 ILCS 5/2-1116 may reduce or, if it exceeds the statutory threshold, bar recovery altogether. In addition, health care liens, reimbursement claims, coverage disputes, prior payments, and other policy provisions may affect the net amount ultimately recovered.

Sources: 

• ⁠215 ILCS 5/143a: Uninsured and Hit-and-Run Motor Vehicle Coverage
• ⁠215 ILCS 5/143a-2: Additional Uninsured Motorist Coverage and Underinsured Motorist Coverage
• ⁠625 ILCS 5/7-601: Required Motor Vehicle Insurance
• ⁠625 ILCS 5/7-203: Minimum Liability Limits
• ⁠625 ILCS 5/3-707: Operation of Uninsured Motor Vehicle
• ⁠735 ILCS 5/2-1116: Comparative Fault
• ⁠735 ILCS 5/13-202: Personal Injury Limitation Period
• ⁠735 ILCS 5/13-211: Minors and Persons Under Legal Disability
• ⁠740 ILCS 180/2: Illinois Wrongful Death Act
• ⁠745 ILCS 10/8-101: Limitations for Actions Against Local Public Entities and Employees
• ⁠745 ILCS 10: Local Governmental and Governmental Employees Tort Immunity Act
• ⁠215 ILCS 5/155: Vexatious and Unreasonable Delay or Denial
• ⁠625 ILCS 5/7-301: Application of Unsatisfied-Judgment Provisions
• ⁠625 ILCS 5/7-303: Suspension for Failure to Satisfy Judgment
• ⁠770 ILCS 23/10: Health Care Services Liens
• ⁠235 ILCS 5/6-21: Illinois Dram Shop Act
• ⁠625 ILCS 57/10: Transportation Network Company Insurance Requirements
• ⁠820 ILCS 305: Illinois Workers’ Compensation Act
• ⁠Country Preferred Insurance Co. v. Whitehead, 2012 IL 113365
• ⁠Pyne v. Witmer, 129 Ill. 2d 351 (1989)
• ⁠Illinois Appellate Court — Giers v. Anten, 68 Ill. App. 3d 535 (1978)