A driver hits you and vanishes. What now?
You have options. In Illinois, every auto insurance policy must offer Uninsured Motorist (UM) coverage. If you didn’t reject the coverage in writing, UM coverage forms your first line of defense, a claim made against your own policy to cover the gaps left by the phantom driver.
But this is not a simple phone call. Your insurance company may look for ways to minimize its payout.
That’s where a skilled Chicago Hit and Run Accident Lawyer comes in.
Your job is to heal. Our job is to handle the rest. We take on the investigation and the insurance fight so you can focus on your recovery. Call Abels & Annes, P.C. for a free consultation at (312) 924-7575 if a driver injured you and fled.
Key Information for Chicago Hit and Run Victims
- Your Insurance Is Key: You can use your own Uninsured Motorist (UM) coverage to pay for damages. Illinois requires insurers to offer this coverage.
- Act Immediately: Evidence like security footage disappears quickly, and witness memories fade. Preserving evidence is critical in the first 48 hours.
- Legal Deadlines: Illinois law (735 ILCS 5/13-202) gives you two years to file a personal injury lawsuit. This shortens to one year for claims against government entities.
- Fleeing the Scene Is a Crime: Leaving the scene of an accident involving an injury is a felony in Illinois under (625 ILCS 5/11-401).
Why Entrust Your Case to Our Team at Abels & Annes, P.C.?
When you're confronting the fallout of a hit and run, you need a law firm with a deep history of helping injury victims. Founded in 2008 by David Abels and Gary Annes, our firm is dedicated exclusively to personal injury law. Our office at 100 N LaSalle St, Suite 1710, is situated in the heart of downtown Chicago, near the Daley Center and City Hall.
We believe clear communication and dedicated advocacy are paramount. We understand the financial strain you're under, which is why we promise every client:
- A Free, No-Obligation Case Review: We will discuss your accident and explain your legal options with no cost or commitment.
- A No-Win, No-Fee Promise: You will not owe us any fees unless we secure financial compensation for you. This is called a contingency fee agreement.
- Personalized Attention: Our attorneys are available 24/7, and our team includes Polish and Spanish speakers to better serve our community.
Our results speak for themselves. Both of our partners are lifetime members of the Million Dollar and Multi-Million Dollar Advocates Forums, and David Abels has been recognized as a Top 100 Illinois Super Lawyer—a distinction given to a very small percentage of attorneys.
What Financial Recovery is Possible in a Hit and Run Case?
A personal injury claim helps secure your financial footing after an accident. A hit and run claim provides several avenues for recovery, even without identifying the at-fault driver.
Economic Damages: Covering Your Financial Losses
These are the specific, calculable expenses you have incurred and will continue to face. We work to assemble a complete accounting of these costs, including:
- All medical treatment, from the ambulance ride to future surgeries and physical therapy.
- Lost income and wages from your inability to work.
- Damage to your vehicle and any other personal property.
Non-Economic Damages: Accounting for the Human Toll
Non-economic damages compensate you for the personal, non-financial ways the accident has rewritten your life. In simple terms, this is compensation for:
- Pain and suffering.
- Emotional distress and anxiety.
- Loss of enjoyment of life.
Punitive Damages: A Tool for Punishment
If police locate the driver who fled, you might pursue punitive damages. Courts use punitive damages not to cover your losses, but to punish the driver for reckless behavior and deter others from similar conduct.
Punitive damages punish the driver for their reckless behavior and deter others from similar conduct. Illinois law reserves these damages for willful or wanton actions, a standard that fleeing the scene of an accident often meets.
Chicago's Hotspots: Where Do Hit and Run Accidents Occur?
A hit and run can happen on any street, but certain areas in Chicago are statistically more dangerous. Data reveals a startling fact: 40% of fatal pedestrian crashes in Chicago were hit-and-runs.
High-Risk Intersections
Many of Chicago's most hazardous intersections are "six-corner" intersections, where the city's grid is disrupted by diagonal streets, creating confusing traffic patterns and long crosswalks. Some of the riskiest spots include:
- N. Milwaukee Ave, W. North Ave, and N. Damen Ave in Wicker Park.
- N. Cicero Ave and W. Chicago Ave in Austin.
- N. Halsted St, N. Lincoln Ave, and W. Fullerton Ave in Lincoln Park.
- Stony Island Ave, 79th St, and South Chicago Ave, made more difficult by Chicago Skyway exit ramps.
- Belmont and Kedzie, where the Kennedy underpass creates visibility problems.
Contributing Factors in Chicago
- Time of Day: A large number of hit and runs happen late at night or in the early morning hours, when fewer witnesses are present.
- Pedestrian and Cyclist Density: Neighborhoods with significant foot and bike traffic, such as the Loop, Lincoln Park, and Wicker Park, are frequent sites for these incidents. In Chicago, 80% of severe and fatal pedestrian injuries happen near an intersection.
- Major Roadways: High-speed arterial roads like Western Avenue and Pulaski Road have a high volume of total crashes.
What Makes Hit and Run Cases So Complicated?
A hit and run case starts as an investigation long before it becomes a legal claim. The act of leaving the scene is a crime in Illinois, and the specific offense depends on the outcome.
- Vehicle vs. Pedestrian/Cyclist: These crashes often cause the most devastating harm. Fleeing the scene of an accident that results in injury or death is a felony under Illinois law (625 ILCS 5/11-401).
- Vehicle vs. Vehicle: When one driver hits another occupied vehicle and flees, they violate 625 ILCS 5/11-402.
- Vehicle vs. Property: Striking a parked car and leaving without providing information is a crime under 625 ILCS 5/11-404.
What Are the Most Common Hit and Run Injuries?
- Traumatic Brain Injuries (TBIs): These injuries are masters of deception; symptoms like confusion, memory loss, or headaches may not surface for days or even weeks after the impact.
- Spinal Cord Injuries: Any damage to the spinal cord can lead to life-altering changes in strength, sensation, and other body functions below the site of the injury.
- Severe Fractures: Broken bones may require surgery, pins, or plates, followed by months of rehabilitation.
- Soft Tissue Injuries: Damage to muscles, ligaments, and tendons can result in chronic pain and limitations that disrupt daily life.
What is the Deadline to File a Hit and Run Lawsuit in Illinois?
The clock starts ticking the moment a hit and run occurs, but you have more than one deadline to worry about.
Practical deadlines initially matter more than legal ones. Nearby businesses may erase key evidence, like security camera footage, within days. Witnesses' memories fade, and their contact information can be lost. The search for the driver must begin immediately.
From a legal perspective, Illinois’s statute of limitations sets a firm deadline for filing a lawsuit. For most personal injury cases, you have two years from the date of the accident to file your claim. If you are suing a government entity, that deadline can be as short as one year. Due to exceptions to these deadlines, consult a lawyer who can determine your eligibility to file a claim.
How Will My Own Insurance Company Handle My Hit and Run Claim?
Even if you diligently paid your premiums, never assume your insurer will simply pay what it owes you. They are a for-profit business, and paying the full value of a claim impacts their bottom line. When you work with us, our firm anticipates and counters these common tactics:
- Requesting a Recorded Statement: The adjuster's goal is to get you on record, hoping you'll downplay your injuries or say something that can be used to limit your claim. Our advice is simple: do not give one. Let us speak for you.
- Offering a Quick, Low Settlement: An early offer can feel like a lifeline when bills are piling up. But it is often calculated to cover only your immediate expenses, not the long-term costs of your recovery.
- Questioning Your Injuries: The insurer may scrutinize your medical records, searching for any reason to argue your injuries are not as severe as you claim or were not caused by this accident.
- Delaying Your Claim: Some companies will drag out the process, hoping financial pressure will force you to accept an unfair offer out of desperation.
Protecting Your Rights While We Handle the Legal Work
While our team manages the investigation and your financial claim, you can take steps to strengthen your case.
- Follow Your Doctor's Treatment Plan: This is for your health and your claim. Gaps in treatment give an insurer an excuse to argue you weren't seriously injured.
- Keep a Pain Journal: Write down how you feel each day. Document the pain that flares up on cold mornings and how your injuries affect your ability to perform daily tasks. This creates a powerful record of your suffering.
- Hold on to All Paperwork: Keep every medical bill, receipt, and explanation of benefits. Each piece of mail is a piece of evidence.
- Stay Off Social Media: Insurance companies look for any reason to deny a claim. A photo of you at a family event can be twisted to suggest you aren't as injured as you claim.
- Direct All Communication to Us: Do not speak with any insurance representatives. That is our job.
Frequently Asked Questions About Chicago Hit and Run Accidents
Will my insurance rates go up if I file a hit and run claim?
Generally, Illinois law prevents insurers from raising your rates for an accident that was not your fault, which includes a hit and run. However, some companies may try to do so anyway, which is another reason to have an attorney handle all communications.
What if a witness gave me a partial license plate number?
This is incredibly useful. Even a partial plate, combined with a description of the car (make, model, color, and any unique features like dents or stickers), can be enough for an investigator to identify the owner. Provide this information to the police and our legal team immediately.
How long do I have to report a hit and run to the police in Chicago?
You should report the accident immediately by calling 911. While the law provides a short window to make a report, any delay can result in lost evidence and jeopardize your ability to make a successful insurance claim.
Can I recover damages if I was a pedestrian or cyclist, not a driver?
Yes. UM coverage on your auto policy follows you, even when you’re not in your car. Pedestrians and cyclists injured by a hit and run can typically use their own policy for coverage. If you don’t have auto insurance, you might still be covered under a family member’s policy.
Do rideshare drivers (Uber/Lyft) have special insurance for hit and run accidents?
If you were injured as a passenger in an Uber or Lyft, these companies provide their own UM/UIM (Uninsured/Underinsured Motorist) coverage. The process and available compensation differ from regular policies. An attorney will help you determine which coverage applies.
What if the hit and run happened while I was working (on the job)?
If you were driving or walking for work and a hit and run driver struck you, you may have a workers’ compensation claim and an injury claim. This can affect your benefits and how your lawyer will handle your injury claim—something a lawyer will explain based on your circumstances.
Can I get compensation if I was hit while in a rental car?
Illinois law requires rental companies to provide the state minimum UM coverage. You may also use your own insurance policy’s UM coverage or coverage from your credit card. Documentation and timelines differ for rental situations, so get legal counsel for these cases as soon as possible.
What happens if the at-fault driver is found but has no insurance?
Your claim proceeds similarly to a phantom driver case. You will primarily rely on your own Uninsured Motorist (UM) coverage. While you may also sue the at-fault driver personally, collecting a judgment from an uninsured individual is often difficult.
What if the at-fault driver’s insurance is not enough to cover my damages?
This scenario involves Underinsured Motorist (UIM) coverage, which is also part of the UM/UIM coverage on your policy. If the at-fault driver’s liability limits are lower than your UIM limits and cannot cover all your medical bills and losses, your UIM coverage can make up the difference.
I think I recognize the driver, but I am not certain. What should I do?
Provide every detail you remember to the police and to your attorney. Information about the driver's appearance, their vehicle, or even the direction they were headed can provide critical leads for an investigation. Do not attempt to contact or confront the person yourself.
Does Illinois have a fund for hit and run victims if they have no insurance?
Illinois does not have a dedicated state-funded program that acts like insurance for hit and run victims. However, victims of violent crimes, which can sometimes include hit and runs, may seek assistance from the Illinois Crime Victim Compensation Program for certain expenses. An attorney can help determine if you qualify.
Let Our Team Take the Wheel on Your Recovery
You should not have to manage this journey alone. Your energy should be reserved for healing from your injuries and rebuilding your life. Our job is to take on the burdens of the investigation, the legal filings, and the negotiations with the insurance company.
If a driver left you to pick up the pieces after a crash in Chicago, make your next call to a firm that understands what you're up against. Contact Abels & Annes, P.C. for a free, confidential consultation at (312) 924-7575.
Abels & Annes, P.C. - Chicago Office
Address: 100 N La Salle St Ste 1710
Chicago, IL 60602
Phone: (312) 924-7575