How does uninsured motorist coverage apply to motorcyclists in Illinois?
In Illinois, uninsured motorist (UM) coverage can help motorcyclists recover compensation if they are injured by a driver who has no insurance or cannot be identified. This coverage typically pays for medical expenses, lost income, and other damages up to the policy limits, subject to the terms of the rider’s insurance policy.
Motorcyclists in Illinois face a harsh reality after a crash caused by another driver: the driver who hit them may have no insurance to pay for the injuries. A significant percentage of drivers on Chicago-area roads carry no liability coverage at all, leaving injured riders with no one to bill for medical expenses that may reach six figures.
Uninsured motorist coverage exists to fill that gap. Illinois law under 215 ILCS 5/143a requires every auto and motorcycle insurance policy in the state to include uninsured motorist (UM) coverage.
Understanding how this coverage works, what it pays for, and where its limits fall is essential for every rider in Illinois, because motorcyclists face disproportionate injury severity when crashes occur and have far fewer options when the at-fault driver is uninsured.
Key Takeaways for Illinois Motorcyclists and Uninsured Motorist Coverage
- Every motorcycle insurance policy issued in Illinois must include uninsured motorist coverage at the state minimum of $25,000 per person and $50,000 per accident for bodily injury
- Motorcyclists may carry UM limits higher than the minimum, up to the amount of their bodily injury liability limits
- Underinsured motorist (UIM) coverage under 215 ILCS 5/143a-2 must be included when the policy’s UM limits exceed the state minimum
- UM coverage applies to hit-and-run crashes in Illinois, but the rider must file a police report promptly
- Nationally, one in three drivers was either uninsured or underinsured in 2023, making UM/UIM coverage a critical safety net for motorcyclists
What Is Uninsured Motorist Coverage and Why Does Illinois Require It?
Uninsured motorist coverage is the portion of a motorcycle insurance policy that pays for the rider's injuries when the at-fault driver has no liability insurance. It substitutes for the insurance the other driver was legally required to carry but did not.
Illinois law under 215 ILCS 5/143a mandates UM coverage in every auto and motorcycle policy issued in the state. The minimum required coverage is $25,000 per person and $50,000 per accident for bodily injury, matching the state's minimum liability insurance requirements.
Unlike liability coverage, which pays the other party when the policyholder is at fault, UM coverage protects the policyholder. For a motorcyclist, this distinction is critical. Riders are far more vulnerable in a crash than occupants of enclosed vehicles, and the injuries they suffer often exceed what even a fully insured at-fault driver's minimum policy would cover.
How Is Uninsured Motorist Coverage Different From Underinsured Motorist Coverage?
Illinois treats uninsured and underinsured motorist coverage as two related but distinct products. The difference matters because each one addresses a different gap in the at-fault driver's coverage.
| Coverage Type | When It Applies | Required in Illinois? | Governing Statute |
| Uninsured motorist (UM) | The at-fault driver has no liability insurance at all, or the crash is a hit-and-run | Yes, mandatory | 215 ILCS 5/143a |
| Underinsured motorist (UIM) | The at-fault driver has liability insurance, but the limits are too low to cover the rider's injuries | Required when UM limits exceed the state minimum | 215 ILCS 5/143a-2 |
Under 215 ILCS 5/143a-2, UIM coverage supplements the difference between the at-fault driver's insurance limits and the actual damages, up to the policyholder's UIM limits. An at-fault driver carrying the Illinois minimum of $25,000 in bodily injury coverage may leave a motorcyclist with $200,000 in medical bills and no additional source of compensation, unless the rider carries UIM coverage.
Insurers must offer UIM coverage to every policyholder. However, the policyholder may reject UM limits above the state minimum in writing, which can also affect whether UIM coverage is included. Many riders decline UIM coverage without fully understanding what they are giving up.
Given the severity of motorcycle crash injuries and the number of underinsured drivers on Illinois roads, UIM coverage is one of the most important optional protections a rider may purchase.
When Does Uninsured Motorist Coverage Apply to a Motorcycle Crash?
UM coverage activates in specific situations. Not every crash involving an uninsured driver triggers the coverage, and the rules for hit-and-run crashes add an additional layer.
UM coverage typically applies in the following situations:
- The at-fault driver has no liability insurance. This is the most straightforward trigger. If the driver who caused the crash has no policy in force, the rider's UM coverage steps in to pay for the rider's injuries.
- The at-fault driver's insurance company is insolvent. If the at-fault driver had a policy but the insurer has gone bankrupt, UM coverage may apply as though the driver were uninsured.
- Hit-and-run crashes. UM coverage applies when the at-fault driver flees the scene and is never identified. However, Illinois policies typically require the rider to file a police report promptly and to demonstrate that a physical contact occurred between the unidentified vehicle and the motorcycle or the rider.
- Phantom vehicle crashes. In some cases, a vehicle that the rider never made physical contact with causes the motorcycle crash by forcing the rider off the road or into an obstacle. Coverage for phantom vehicle crashes varies by policy, and insurers often require independent witness corroboration.
UM coverage does not apply when the rider was at fault for the crash or when the at-fault driver has insurance, even if that insurance has low limits. Low-limit situations fall under UIM coverage, not UM coverage.
What Does Uninsured Motorist Coverage Pay For After an Illinois Motorcycle Crash?
UM coverage pays for the same categories of damages that a bodily injury liability claim would cover if the at-fault driver had insurance. The difference is that the rider files the claim against their own insurance company rather than the other driver's.
Recoverable damages under UM coverage include the following:
- Medical expenses for emergency treatment, surgery, hospitalization, physical therapy, and ongoing care related to the crash
- Lost wages from time away from work during recovery
- Reduced earning capacity if the injuries prevent the rider from returning to the same type of work or earning at the same level
- Pain and suffering reflecting the physical pain and emotional toll of the injuries
- Loss of normal life encompassing the impact on daily activities, relationships, hobbies, and overall quality of life
UM coverage does not pay for motorcycle repair or replacement. Property damage from an uninsured motorist is handled through a separate optional coverage called uninsured motorist property damage (UMPD). Illinois law requires insurers to offer UMPD coverage, but purchasing it is optional.
Ask Abels & Annes
Q: I was hit by an uninsured driver while riding my motorcycle in Chicago. How do I file a UM claim?
A: You file a UM claim through your own motorcycle insurance company, not through the at-fault driver. The process involves notifying your insurer, providing documentation of the crash and your injuries, and negotiating the value of the claim. Your insurer may also require proof that the at-fault driver was uninsured. Your lawyer can handle this process on your behalf.
Q: The at-fault driver had insurance, but only the $25,000 minimum. My medical bills are over $150,000. What are my options?
A: If you carry underinsured motorist (UIM) coverage, it may cover the difference between the at-fault driver's $25,000 limit and your actual damages, up to your own UIM limit. If you do not carry UIM coverage, your options are more limited. Your motorcycle accident lawyer can help determine what sources of compensation may be available.
Q: Does my UM coverage apply if I was a passenger on someone else's motorcycle?
A: Yes, in most cases. If you carry UM coverage on your own auto or motorcycle policy, that coverage may extend to you as a passenger on another person's motorcycle. The motorcycle owner's policy may also provide UM coverage. The specific terms of both policies determine which coverage applies and in what order.
How to Enhance UM/UIM Protection on an Illinois Motorcycle Policy
Illinois law sets the minimum, but riders have the option to purchase higher UM and UIM limits. The cost of increasing UM/UIM coverage is typically modest compared to the protection it provides.
Several considerations help riders make informed decisions about their coverage levels:
- Match UM/UIM limits to bodily injury liability limits. Illinois law requires insurers to offer UM coverage up to the policyholder's liability limits. Carrying $100,000/$300,000 in UM/UIM coverage costs more than the minimum but provides substantially more protection.
- Do not reject higher UM limits without understanding how that may affect UIM protection. UIM coverage is optional in Illinois, and many riders decline it to save on premiums. Given that one in three drivers is either uninsured or underinsured, declining UIM leaves a significant gap.
- Confirm that your policy covers hit-and-run crashes. Most Illinois UM policies cover hit-and-run scenarios, but the requirements for filing a timely police report and demonstrating physical contact vary by policy.
- Review stacking rules. Illinois allows "stacking" of UM/UIM coverage in some circumstances, meaning a rider who insures multiple vehicles on the same policy may be able to combine the UM limits from each vehicle. Policy language and case law govern when stacking applies.
An attorney who handles motorcycle accident cases reviews the rider's policy and identifies every coverage option available after a motorcycle crash.
What Happens When the Insurance Company Disputes a UM Claim?
Filing a UM claim means the motorcyclist is making a claim against their own insurer. That creates an inherent conflict. The insurance company has a financial interest in paying as little as possible, even though the policyholder has been paying premiums for this exact protection.
Insurance companies dispute UM claims in several ways. They may argue that the at-fault driver was not actually uninsured. They may dispute the severity of the rider's injuries. They may claim that the rider was partially at fault and reduce the payout under Illinois comparative negligence rules. They may delay the process to pressure the rider into accepting a low settlement.
Illinois law provides that UM disputes may proceed to arbitration under the terms of the policy. Arbitration may be binding depending on the amount at issue, the policy limits, and the rules that apply to the claim. Having a personal injury attorney handle the arbitration process protects the rider from the insurer's built-in advantage and helps ensure the claim is valued fairly.
Motorcycle Uninsured Motorist Coverage in Illinois: Questions Answered by Our Chicago Attorneys
Does Illinois require motorcycle riders to carry insurance?
Yes. Illinois requires all motor vehicles, including motorcycles, to carry liability insurance at the state minimum of $25,000 per person and $50,000 per accident for bodily injury, plus $20,000 for property damage. UM coverage is also mandatory at the same minimum bodily injury limits.
If I laid down my bike to avoid a car that pulled out in front of me, does UM coverage apply if the car drove away?
Potentially, yes. This scenario describes a phantom vehicle crash. UM coverage may apply if the rider files a police report promptly and demonstrates that the unidentified vehicle caused the crash. Some Illinois policies require physical contact between the vehicles, while others accept independent witness testimony. The specific policy language controls whether coverage applies.
May I sue the uninsured driver directly in addition to filing a UM claim?
Yes. Filing a UM claim does not prevent the rider from also suing the at-fault uninsured driver in civil court. However, collecting a judgment against an uninsured individual is often difficult because they may lack the assets to pay. The UM claim through the rider's own insurer is typically the more practical path to compensation.
What if my UM limits are not enough to cover all of my injuries?
If the rider's UM limits are insufficient, the rider may pursue a personal claim against the uninsured at-fault driver for the remaining damages. The rider may also have medical payments (MedPay) coverage on the motorcycle policy, which pays medical expenses regardless of fault and supplements the UM recovery.
The Coverage You Hope You Never Need Is the Coverage That Saves You
No rider buys a motorcycle expecting to be hit by someone with no insurance. But the statistics say otherwise. One in three drivers nationally is uninsured or underinsured. Motorcyclists are 27 times more likely to die in a traffic crash than passenger car occupants.
The intersection of those two realities makes UM and UIM coverage one of the most important line items on an Illinois motorcycle insurance policy.
When an uninsured driver causes a crash, and the insurance company pushes back on the rider's UM claim, having an attorney levels the playing field. Abels & Annes, P.C. has a track record of winning millions for our clients.. Let us fight for you.
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