You’re driving through Metropolis, minding your own business, when another driver runs a red light and slams into you. The crash leaves you injured. Your car is totaled. Then you find out the other driver doesn’t have insurance.
This scenario happens more often than you’d think. That’s where uninsured motorist coverage, or UM coverage, comes in. It’s your safety net when the person who caused the accident can’t pay for the damage they’ve done.
Illinois doesn’t force drivers to carry UM coverage, but insurance companies must offer it when you buy a policy. A lot of people decline it. They don’t realize how many drivers skip insurance or let their policies lapse.
Underinsured motorist coverage works the same way, just in a different situation. The at-fault driver has insurance, but their policy limits won’t cover everything. At Katz Law, we see this constantly. Someone with serious injuries files a claim, only to learn the responsible driver carries just $25,000 in coverage. That barely scratches the surface of what they actually need.
When UM And UIM Coverage Apply
These coverages kick in under specific circumstances:
- The at-fault driver has no insurance at all
- Their insurance company denies the claim
- You’re hit by someone who drives off, and you can’t identify them
- The other party’s policy limits won’t cover your medical bills and other losses
Your own insurance company pays you, up to your policy limits. Most people find this surprising. They assume they’re only filing against the other driver’s insurer, not their own.
Filing A Claim With Your Own Insurer
Start by notifying your insurance company about the accident. Tell them you need to pursue a UM or UIM claim. They’ll investigate whether the other driver had valid insurance and what their policy limits were.
If the at-fault party truly lacks coverage or doesn’t have enough, your claim moves forward under your own policy. You’re technically making a claim against the insurance company you’ve been paying premiums to all along.
The documentation requirements don’t change much from standard injury claims. We collect police reports, medical records, proof of lost wages, and repair estimates. The difference? We’re submitting everything to your insurer instead of the other driver’s company.
Common Challenges In UM And UIM Claims
Insurance companies look for reasons to deny or reduce UM and UIM benefits. They might argue the other driver actually had valid coverage when the collision occurred, even if the evidence tells a different story. Your own adjuster will use the same playbook they’d use against someone else’s claim. They’ll minimize your injuries. They’ll question your treatment choices. They’ll lowball your settlement offer.
Things get complicated when multiple policies might provide coverage. Were you driving a company vehicle? Riding as a passenger in someone else’s car? Several insurance policies could apply, and figuring out which insurer pays first takes careful analysis.
Policy limits create another headache. Let’s say you carry $100,000 in UM coverage, but the at-fault driver has $50,000 in liability insurance. Your UIM benefit might get reduced by whatever the other insurer pays. The exact offset depends on your policy language and how Illinois law applies to your situation.
Why Legal Representation Matters
Your insurance company becomes your opponent in UM and UIM claims. Think about that for a second. The same company that’s been collecting your monthly premiums now has to pay out on your claim. The adjuster handling your case works to protect the company’s profits, not your interests.
We build a complete picture of what this accident has cost you. Medical providers connect your injuries directly to the collision. Employment records verify the work you’ve missed and the income you’ve lost. When someone faces long-term disability, we bring in vocational and economic professionals who can project future losses with precision.
A Metropolis car accident lawyer gives you leverage in these negotiations. If your insurer won’t offer fair compensation, we file suit. Yes, you can sue your own insurance company. These cases often go to arbitration or trial, depending on what your policy says.
Protecting Your Recovery
Deadlines matter in UM and UIM claims. Miss one, and you could lose your right to compensation entirely. Illinois has specific requirements about how much coverage insurers must offer, and your policy spells out exactly when you need to report accidents and file claims.
We take over all communication with your insurance company while you focus on getting better. Adjusters contact accident victims directly all the time. They want recorded statements before you’ve talked to anyone. They push for quick settlements before the full extent of your injuries becomes clear. Don’t let that happen.
Southern Illinois roads see plenty of uninsured drivers. When someone without adequate coverage causes a collision, your own policy becomes the resource you need. Our team at Katz Law reviews your policy language, documents every aspect of your injuries, and fights for full compensation through UM and UIM benefits. Reach out to discuss what happened and learn how we can protect your interests after an accident with an uninsured or underinsured driver.