Should You Sue a Driver Who Has No Insurance?
Usually not, because a driver without insurance rarely has assets worth pursuing, and a judgment you cannot collect is just paper. Your own uninsured motorist coverage is almost always the faster and more reliable path to compensation.
- Illinois auto policies must include uninsured motorist bodily injury coverage.
- A UM claim goes to your own insurer, not to the uninsured driver.
- Suing the driver can still make sense in narrow situations, such as when they own real property.
Which path fits depends on your policy and the driver's circumstances.
Asking whether it is worth suing an uninsured driver is the right instinct, and the answer usually disappoints people for the wrong reason. It is not that you lack a claim. It is that winning a lawsuit and collecting money are two different things, and the second one is where uninsured driver cases fall apart.
The better question is where the coverage is. This article explains why a lawsuit against an uninsured driver so often goes nowhere, how uninsured and underinsured motorist coverage works in Illinois, and when suing the driver is genuinely worth the effort.
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Key Takeaways about Suing the Uninsured Driver in Illinois
- A judgment against an uninsured driver is only as valuable as that driver's ability to pay it.
- Illinois requires uninsured motorist bodily injury coverage in auto liability policies.
- Underinsured motorist coverage applies when the at-fault driver has insurance that is too low.
- Illinois reduces a UIM payment by what was already recovered from the at-fault driver.
- Whether multiple policies can be combined depends on the anti-stacking language in those policies.
- A UM claim is made against a person's own insurer, which does not make it a friendly process.
Why Suing an Uninsured Driver Often Goes Nowhere
Courts award judgments; they do not collect them. That single fact explains most of what follows. A person who cannot afford the required auto insurance frequently has no savings, no equity, and no wages worth garnishing.
Collection is also its own process with its own costs. Locating assets, garnishing wages, and placing liens all take time and money, and they can be defeated entirely by a bankruptcy filing.
None of this means the driver is beyond accountability. It means the practical route to compensation usually runs through insurance rather than through that person's bank account.
How Does Uninsured Motorist Coverage Work in Illinois?
Uninsured motorist coverage pays you when the at-fault driver has no insurance, and Illinois requires it in every auto liability policy issued in the state. The requirement appears at 215 ILCS 5/143a. It applies to hit-and-run collisions as well, when the driver cannot be identified, including situations involving uninsured/underinsured motorists.
The personal injury claim goes to your own insurance company. You are asking your carrier to pay what the uninsured driver should have paid, up to your UM limits.
That coverage frequently reaches beyond the car itself. Many policies extend UM protection to household members, to passengers, and to pedestrians or cyclists struck by an uninsured driver.
- Report the crash to your own insurer promptly, since policies require notice.
- Get the police report, which documents that the other driver lacked coverage.
- Keep treating and keep records, because a UM claim is proven the same way any injury claim is.
- Read your declarations page to find your actual UM limits.
Those four steps put you in position before any negotiation starts.
Underinsured Motorist Coverage and the Setoff
Underinsured motorist coverage handles the more common problem, which is a driver who carries insurance that is nowhere near enough. Illinois addresses it at 215 ILCS 5/143a-2, which requires insurers to include UIM coverage matching a policyholder's UM limits when those exceed the state minimum, unless the insured rejects the higher amount in writing.
One feature surprises almost everyone. UIM does not sit on top of the at-fault driver's payment as extra money.
Illinois reduces your UIM limit by what you already collected from the at-fault driver's insurer. If your UIM limit is $100,000 and you recover $25,000 from the other driver, the UIM side pays up to $75,000, not $100,000. How that setoff gets calculated is a frequent source of dispute.
Can You Stack Multiple Policies?
Sometimes, and it depends entirely on the wording of the policies involved. Stacking means combining UM or UIM limits across vehicles or across policies to reach a higher total. Illinois courts generally enforce clearly written anti-stacking clauses, and most modern policies contain them.
Where stacking questions come up, they are worth asking rather than assuming.
- Households with more than one vehicle on separate policies.
- A person injured while a passenger in someone else's insured vehicle.
- Injuries occurring during work, where an employer's policy may apply.
- Umbrella policies that extend UM or UIM coverage above the auto limits.
Gathering every policy in the household is a routine early step for exactly this reason.
When Is Suing the Driver Actually Worth It?
It becomes worth considering when the driver has something to collect against or when a lawsuit is required by your own policy. Those two situations cover most of the exceptions.
A driver who owns real estate, holds meaningful assets, or has steady, garnishable income changes the math. So does a situation in which another party shares responsibility, such as an employer whose employee was driving on the job or a vehicle owner who lent the car.
Some carriers may also require an insured to file suit against the uninsured driver before negotiating in good faith, which is permitted in limited circumstances under Illinois law. Your Chicago uninsured motorist accident attorney can tell you whether that applies.
Dealing With Your Own Insurance Company
A UM claim is adversarial even though it is your own carrier. Once you make a claim, the company evaluating it has a financial incentive to value it low, just as the other driver's insurer would.
Illinois treats certain claim handling conduct as an improper practice under 215 ILCS 5/154.6, including failing to make a prompt and fair personal injury settlement effort once liability is reasonably clear. The Illinois Department of Insurance maintains consumer resources for disputes over claim handling.
Many UM policies also require arbitration rather than a lawsuit when the insurer and the policyholder cannot agree. That process has its own rules and deadlines.
FAQs about Suing an Uninsured Driver in Illinois
Here are the questions people ask us most often after being hit by a driver with no coverage.
Will my rates go up if I use my uninsured motorist coverage?
Filing a UM claim for a crash you did not cause should not be treated as an at-fault claim. Practices vary among carriers, so it is worth asking yours directly. Declining to use coverage you already paid for is rarely the better trade.
What if the driver fled and was never identified?
Uninsured motorist coverage commonly applies to hit-and-run collisions in Chicago. Report it to the police promptly, since documentation that the driver could not be identified matters. Notify your own insurer as soon as you can.
I was a pedestrian. Does UM coverage still apply?
Often yes. Many policies cover the insured and household members when struck as pedestrians or cyclists, not only when driving. This coverage can be important when pursuing pedestrian accident claims. Bring your policy to a consultation so it can be read closely.
Can I pursue the driver and my own coverage at the same time?
Sometimes, though, the sequence matters, and settling with one side can affect the other. Signing a release with an at-fault driver without your UM carrier's consent can jeopardize the UIM claim. Get advice before signing anything.
How long do I have to bring a UM claim?
Policies impose their own notice requirements and deadlines that are often shorter than the deadline for suing a driver. Missing a policy deadline can end a claim that was otherwise strong. Read the policy or have someone read it for you quickly.
What if the other driver's insurance lapsed the week before?
Then they are uninsured for purposes of your claim, regardless of what they tell you at the scene. Do not take a driver's word that they are covered; verification matters.
Talk With a Chicago Uninsured Motorist Lawyer
If an uninsured or underinsured driver hurt you, the first useful step is finding every policy that might respond. Our attorneys at Abels & Annes, P.C. handle uninsured motorist claims and car accident claims throughout Chicago and Evanston.
Bring your policy, and we will read it with you and explain what it actually covers.
Let Us Fight for You. Call Abels & Annes, P.C. at (312) 924-7575 or contact us online. Free Consultations Available 24/7. No Fee Unless You Win.