Illinois requires drivers to carry minimum amounts of auto liability insurance, but those limits can be exhausted quickly after a serious accident. If the at-fault driver carries only the minimum coverage, knowing what the policy will pay and whether other insurance is available can have a major effect on your recovery.
Reach out to a car accident attorney in Chicago today for assistance with your legal needs after a crash.
Call (312) 701-0090 today.
What Are the Minimum Auto Insurance Requirements in Illinois?
Illinois drivers generally must carry liability insurance with minimum limits of 25/50/20:
- $25,000 for bodily injury to one person.
- $50,000 for bodily injuries to two or more people in one accident.
- $20,000 for property damage in one accident.
These amounts are policy limits, not guaranteed payments after a crash. The insurer will still investigate who caused the accident, whether its policy covers the driver, and the amount of the losses being claimed.
What Does 25/50/20 Actually Mean After an Accident?
The $25,000 bodily injury limit is the most the liability policy will generally pay to one injured person. If your medical expenses, lost income, and other damages total $75,000, a driver with minimum coverage does not suddenly have $75,000 in insurance available. The bodily injury coverage is capped at $25,000 for your claim.
The $50,000 limit is only for when several people are injured.
For instance, if three occupants suffer serious injuries in the same collision, they may all have valid claims but the driver’s minimum policy provides no more than $50,000 in total bodily injury (broken bones, spine damage, etc…) coverage for the accident. How that money is divided can become a point of contention when the combined claims exceed the available insurance. The separate $20,000 property damage limit applies to damaged vehicles and other personal property.
What Can You Do If $25,000 Is Not Enough to Cover Your Injuries?
A serious injury can easily exceed the minimum bodily injury limit before treatment is finished. The next step is to determine whether another source of compensation is available.
- Your own underinsured motorist coverage may apply after the at-fault driver’s available liability coverage is exhausted.
- Another liable party’s insurance policy may also provide coverage if, for example, the driver was working at the time of the accident or someone else shares responsibility for the crash.
You can also pursue the at-fault driver personally, however, this is not always realistic. A driver who carries only minimum insurance may not have sufficient income or assets to pay a substantial judgment.
Does Illinois Require Uninsured/Underinsured Motorist Coverage?
Illinois requires uninsured motorist coverage, while underinsured motorist coverage depends on the amount of uninsured motorist coverage you carry.
Uninsured Motorist Coverage
Illinois auto policies must provide at least $25,000 per person and $50,000 per accident in uninsured motorist coverage. It can cover injuries caused by an uninsured driver or a hit-and-run driver.
Underinsured Motorist Coverage
Illinois requires underinsured motorist coverage when you carry uninsured motorist limits above the $25,000/$50,000 minimum. It can provide additional compensation when the at-fault driver has insurance, but their bodily injury limits are lower than your UIM limits.
An Attorney Can Identify All Available Insurance Coverage
A Chicago personal injury lawyer can document the full value of your damages, negotiate for the available policy limits, and determine whether pursuing the at-fault driver personally is financially worthwhile. If the insurer disputes coverage or refuses to pay an appropriate amount, your attorney can address it and help you pursue the claim in court when necessary.
If you were seriously injured and are concerned that the other driver’s insurance will not cover your losses, Mark L. Karno & Associates, LLC can review the available policies and explain your options.
For a free consultation, call (312) 701-0090 or contact us online.