After a crash with an uninsured or underinsured driver, the Chicago uninsured motorist accident lawyers at Abels & Annes, P.C. fight your insurance company for the compensation you already paid to protect.
Many accident victims are shocked to learn that recovering fair compensation after being hit by an uninsured or underinsured driver means going up against their own insurer, not just the at-fault driver. Illinois law requires that auto liability policies include uninsured motorist coverage, which means you have likely been paying for this protection. But when it comes time to use it, insurers routinely look for ways to minimize payouts to their own policyholders.
Our attorneys handle uninsured motorist and underinsured motorist claims throughout Chicago and Cook County, including cases involving denied claims, delayed payments, and low settlement offers. Call (312) 924-7575 for a free consultation available 24/7.
Table of contents
- How Our Chicago Uninsured Motorist Accident Lawyers Fight Insurance Companies
- Uninsured vs. Underinsured Motorist Coverage in Illinois
- How UM/UIM Claims Work in Illinois
- What Compensation Can You Recover in a Chicago UM or UIM Claim?
- How Insurance Companies Undervalue Uninsured Motorist Claims
- Hit-and-Run Accidents and Uninsured Motorist Claims in Chicago
- FAQs for Chicago Uninsured/Underinsured Motorist Accident Attorneys
- You Paid for This Coverage — Your Insurer Should Honor It
How Our Chicago Uninsured Motorist Accident Lawyers Fight Insurance Companies
Our personal injury attorneys know how to build uninsured and underinsured motorist claims that stand up to delay tactics, liability disputes, and unfair offers from insurance carriers. Uninsured and underinsured motorist claims require a different strategy than standard injury cases because you are no longer negotiating with the other driver’s insurer—you are demanding payment from your own carrier.
What Our Chicago UM and UIM Lawyers Do After an Uninsured Driver Crash
When you hire Abels & Annes, P.C., our team takes over immediately to:
- Determine which coverage applies. We review your auto policy to identify your UM and UIM coverage limits, stacking options, and any additional coverage that may apply to your claim.
- Build the liability case. Even though the claim is filed with your own insurer, you still need to prove that the other driver was at fault and that your injuries resulted from the crash. We gather police reports, witness statements, surveillance footage, and accident reconstruction evidence to establish liability.
- Document the scope of your losses. We work with medical and financial professionals to account for emergency treatment, surgeries, rehabilitation, lost income, future care needs, and pain and suffering so that your insurer cannot minimize the value of your claim.
- Counter low offers and delay tactics. Insurance companies profit by paying less than claims are worth. Our UM/UIM accident attorneys push back against undervalued offers and hold your insurer accountable for honoring the coverage you purchased.
- Handle arbitration when necessary. Many UM/UIM policies require disputes to be resolved through arbitration rather than a jury trial. Our team prepares and presents arbitration cases with the same thoroughness we bring to courtroom litigation.
Every step is aimed at forcing your insurer to honor the uninsured or underinsured motorist coverage you have been paying premiums for.
Why Chicago Families Trust Abels & Annes, P.C.
Abels & Annes, P.C. has earned recognition through the Top 100 Lawyer List published by Super Lawyers (Thomson Reuters), a 10.0 Superb rating on AVVO, and membership in both the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. Past results do not guarantee future outcomes, but these distinctions reflect the advocacy we bring to each case.
Consultations are free, available 24/7, and offered in English, Spanish, and Polish. There is no fee unless we win your case.
Uninsured vs. Underinsured Motorist Coverage in Illinois
UM and UIM coverage serve related but distinct purposes. Understanding the difference matters because it affects how your claim is filed and what compensation may be available.
Uninsured Motorist (UM) Coverage
Uninsured motorist coverage applies when the at-fault driver has no liability insurance or cannot be identified after a hit-and-run crash. Your own UM policy steps in to cover losses that the at-fault driver's nonexistent insurance cannot pay.
UM coverage typically pays for medical expenses, lost wages, pain and suffering, and other damages up to your policy limits. Illinois requires auto liability policies to include uninsured motorist coverage, although a policyholder may reject additional UM coverage above the minimum required by law in writing.
Underinsured Motorist (UIM) Coverage
UIM coverage applies when the at-fault driver carries some insurance, but not enough to cover the full extent of your losses. If the other driver's policy limits are exhausted and your damages exceed that amount, your own UIM coverage may pay the difference up to your policy limits.
UIM claims often arise in serious injury cases where medical bills, lost income, and pain and suffering far exceed the at-fault driver's minimum coverage. These are some of the most contested insurance disputes because the insurer is being asked to pay above what another carrier has already contributed, raising important questions about who pays for my injuries.
Why the Distinction Matters for Your Claim
The type of coverage that applies affects the filing process, the evidence required, and the strategies your insurer may use to reduce the payout. A Chicago UM/UIM accident attorney at Abels & Annes, P.C. identifies which coverage applies to your situation and builds the claim accordingly.
How UM/UIM Claims Work in Illinois
Filing a UM or UIM claim is not the same as filing a standard injury claim against the at-fault driver's insurer. The process involves your own insurance company, which changes the dynamic significantly.
Filing the Claim
After a crash with an uninsured or underinsured driver, you notify your own insurance carrier and file a claim under your UM or UIM coverage. Your insurer then evaluates the claim, which includes reviewing the accident details, your injuries, and the applicable coverage.
For UIM claims specifically, you typically must first resolve the claim against the at-fault driver's insurer before your own UIM coverage applies. This usually means resolving the claim against the at-fault driver’s insurer first, then pursuing your own carrier for any remaining covered damages, similar to the process involved in suing an uninsured driver.
Your attorney must coordinate this process carefully to avoid waiving your UIM rights.
The Insurer's Conflict of Interest
When you file a UM or UIM claim, your insurance company is simultaneously your coverage provider and the party responsible for paying your claim. That creates a fundamental conflict. The same company that collected your premiums now has a financial incentive to pay you as little as possible.
That is why legal representation is often essential in uninsured and underinsured motorist claims, especially when your insurer delays, disputes, or undervalues the case. An experienced Chicago uninsured motorist lawyer levels the playing field and holds your insurer accountable for the coverage terms in your policy.
Arbitration
Many UM/UIM policies in Illinois include mandatory arbitration clauses. If you and your insurer cannot agree on the value of your claim, the dispute goes to arbitration rather than a jury trial. Arbitration involves presenting evidence and arguments to a neutral arbitrator or panel, who issues a binding or non-binding decision depending on the policy terms.
Your uninsured motorist attorney prepares arbitration cases with the same level of detail and advocacy as courtroom litigation.
What Compensation Can You Recover in a Chicago UM or UIM Claim?
UM and UIM coverage in Illinois may pay for the same categories of damages you would pursue in a standard personal injury claim, up to your policy limits.
Economic Damages
Economic damages cover the measurable financial losses caused by the crash, like:
- Medical expenses for emergency treatment, surgeries, hospitalizations, rehabilitation, medications, and future care related to the accident
- Lost wages from time away from work during treatment and recovery
- Reduced earning capacity when injuries permanently limit the victim's ability to work
- Out-of-pocket costs, including transportation to medical appointments, home modifications, and assistive devices
Documenting these losses thoroughly from the start is critical because your insurer will scrutinize every dollar.
Non-Economic Damages
Non-economic damages address the harm that does not come with a receipt but still profoundly affects your life, such as:
- Pain and suffering from injuries sustained in the crash, and the ongoing burden of treatment and recovery
- Emotional distress, including anxiety, depression, PTSD, and fear of driving
- Loss of enjoyment of life when permanent injuries prevent participation in activities and relationships you valued before the crash
UM/UIM policies cover non-economic damages in Illinois, which is an important distinction because some states limit UM/UIM recovery to economic losses only.
Wrongful Death Damages
When a crash involving an uninsured or underinsured driver proves fatal, the personal representative of the deceased's estate may pursue a wrongful death claim through the UM/UIM policy for loss of financial support, loss of companionship, and the grief and emotional suffering experienced by surviving family members.
How Insurance Companies Undervalue Uninsured Motorist Claims
Your own insurer may act like an adversary during an uninsured or underinsured motorist claim. Like any insurer facing a payout, the company may use familiar tactics to reduce what it pays on an uninsured or underinsured motorist claim:
- Disputing liability. Even though the other driver was clearly at fault, your insurer may argue that you share some responsibility for the crash. Under Illinois' modified comparative negligence statute (735 ILCS 5/2-1116), any fault assigned to you reduces your recovery proportionally. If your share reaches 51% or more, you may lose the right to recover entirely.
- Minimizing injury severity. Adjusters may argue that your injuries are less serious than claimed, that certain treatment was unnecessary, or that your condition is pre-existing rather than crash-related.
- Undervaluing future damages. Insurers frequently challenge projections for long-term medical care, rehabilitation, and lost earning capacity, particularly in catastrophic injury cases.
- Delaying the process. Slow-walking a claim puts financial pressure on injured people who are already dealing with medical bills and lost income. The longer the delay, the more tempting a low offer becomes.
- Denying claims outright. In some cases, insurers deny UM/UIM claims entirely by disputing coverage terms, arguing late notice, or claiming the policy does not apply to the circumstances of the crash.
Our team at Abels & Annes, P.C. builds UM/UIM claims around thorough documentation, medical evidence, and policy analysis designed to counter each of these strategies. When an insurer acts in bad faith, we pursue every available remedy.
When an Insurer's Conduct Crosses into Bad Faith
Illinois law requires insurance companies to handle claims fairly and in good faith. When an insurer's conduct goes beyond aggressive negotiation and into unreasonable behavior, policyholders may have grounds for a bad faith claim on top of the underlying UM/UIM dispute.
Conduct that may constitute bad faith includes:
- Unreasonably denying a valid claim without a legitimate basis supported by the policy terms or the evidence
- Delaying the claims process by failing to conduct a timely and thorough evaluation of the claim
- Ignoring supporting medical evidence that documents the severity of injuries and the need for ongoing treatment
- Refusing to make a fair offer when the policyholder's damages are clearly supported by documentation
- Failing to communicate by not responding to inquiries, not explaining claim decisions, or not providing required notices
If an insurer acts unreasonably, Illinois law may allow additional recovery, such as attorney’s fees, costs, and other limited statutory amounts.
Hit-and-Run Accidents and Uninsured Motorist Claims in Chicago
Hit and run crashes frequently become uninsured motorist claims because the fleeing driver is never identified. Illinois treats an unidentified hit and run driver the same as an uninsured driver for UM purposes, which opens a critical recovery path.
The unique challenge in hit-and-run UM claims is proving that another vehicle was involved. Insurers may require evidence beyond the police report, including witness statements, surveillance footage, and physical evidence such as paint transfer and vehicle debris.
A Chicago hit-and-run accident lawyer at Abels & Annes, P.C. moves quickly after a hit-and-run to secure this evidence before it disappears.
FAQs for Chicago Uninsured/Underinsured Motorist Accident Attorneys
Can my insurance company deny my UM/UIM claim?
Insurers may attempt to deny claims based on late notice, disputed coverage terms, or arguments that the policy does not apply. A denial is not the final word. Our attorneys review the denial, evaluate whether it is legally justified, and challenge it when the insurer has not met its obligations under the policy.
Will my UM/UIM case go to arbitration?
Many Illinois UM/UIM policies include mandatory arbitration clauses. If negotiations with your insurer reach an impasse, the dispute may proceed to arbitration. Our attorneys prepare and present arbitration cases with the same thoroughness as courtroom litigation.
Can passengers file UM/UIM claims too?
Passengers injured in a crash involving an uninsured or underinsured driver may be covered under the vehicle owner's UM/UIM policy, their own auto policy, or a household member's policy. Our attorneys evaluate every available coverage source to identify the strongest path to recovery.
What happens if the at-fault driver only has minimum insurance?
Illinois' minimum liability requirements are low relative to the cost of serious injuries. When the at-fault driver's policy limits are exhausted, and your damages exceed that amount, your own underinsured motorist coverage may pay the difference up to your UIM policy limits. Coordinating the two claims requires careful legal strategy to preserve your UIM rights, which is why having an attorney involved early matters.
Do I have to accept my insurance company's settlement offer?
No. A settlement offer from your own insurer is a starting point, not a final answer. If the offer does not reflect the full value of your injuries and losses, you have the right to negotiate, pursue arbitration if your policy requires it, or challenge the valuation with the support of an attorney. Our team evaluates every offer against the documented evidence and pushes back when the number falls short.
How long do I have to file a UM/UIM claim in Illinois?
Illinois generally allows two years from the date of injury to file a personal injury lawsuit under 735 ILCS 5/13-202. However, your insurance policy may impose separate notice and filing deadlines that are shorter than the statutory period. Missing either deadline may permanently bar your claim. Contact our team promptly to discuss the timelines that apply to your case.
You Paid for This Coverage — Your Insurer Should Honor It
You paid premiums for uninsured and underinsured motorist coverage so it would be there after a serious crash, not so your insurer could stall or underpay the claim. When an uninsured or underinsured driver causes a crash, and your insurer refuses to pay what the policy provides, that promise is broken.
Abels & Annes, P.C. offers free consultations 24/7 at (312) 924-7575. Our attorneys are available by phone, video, or in person, and we travel to clients who are unable to come to us. Legal services are available in English, Spanish, and Polish.
There is no fee unless we win your case. Let us fight for you.