What Are My Options After a Car Crash Caused by an Uninsured Driver?

 Posted on March 02, 2021 in Car Accidents

Dealing with the aftermath of a car accident can be difficult, regardless of the circumstances surrounding the crash. Drivers, passengers, and anyone else involved may need emergency medical treatment, and their injuries may continue to affect them for some time to come. Expensive vehicle repairs may also be needed, or a vehicle may be “totaled,” in which case it will need to be replaced. Addressing the costs related to medical treatment, property damage, and other accident-related issues can be a complex undertaking, but it can be even more difficult if the driver who was at fault for the collision did not have auto insurance. In these cases, victims will want to work with an attorney to determine the other sources of financial compensation that may be available.

Uninsured and Underinsured Motorist Coverage

Drivers are required to maintain liability insurance on their vehicles, and these policies will provide minimum coverage for injuries, wrongful deaths, and property damage suffered in a collision. Even though a person can face criminal consequences for driving without the required auto insurance, some drivers fail to maintain the proper coverage. In some cases, even if a driver does have liability insurance, their policy may not fully cover all of the damages suffered by victims. This is often the case in accidents that result in severe injuries, disabilities, and extensive property damage.

Fortunately, drivers can usually receive coverage for injuries and damages through their own insurance policies. Liability insurance policies are required to include uninsured/underinsured motorist coverage. Uninsured motorist (UM) coverage addresses situations where a driver who was at fault for an accident had no insurance, while underinsured motorist (UIM) coverage will be available in situations where the costs of a person’s injuries and damages exceed the limits of the at-fault driver’s policy. When making UM/UIM claims, accident victims will want to be represented by an experienced attorney who can ensure that the settlement offered by an insurance company will fully cover their damages.

Third-Party Claims

In addition to receiving coverage through insurance policies, accident victims may also be able to pursue compensation from other parties who were partially liable for a collision. For example, if one of the vehicles involved in the collision was subject to a motor vehicle recall due to defective auto parts, victims may be able to pursue a personal injury lawsuit against the manufacturer of these parts, or they may be able to hold a company responsible for negligent maintenance that made a vehicle unsafe to drive. 

A skilled attorney can identify any other sources of compensation that may be available through third-party lawsuits. Victims may be able to hold a city or state government organization responsible for an accident that took place on a dangerous road or highway. If an accident was caused by a drunk driver, victims may be able to use Illinois’ “dram shop” laws to take legal action against a bar, restaurant, liquor store, or anyone else that provided alcohol that caused the driver to become intoxicated.

Contact Our Springfield Car Accident Attorneys

If you are struggling with financial concerns following a collision with an uninsured driver, the attorneys at Kanoski Bresney can help you determine your best legal options. We will help you negotiate with insurance companies to make sure you receive the coverage you deserve, and we will identify any other parties that may be held responsible for your injuries and damages. Call our dedicated Bloomington uninsured motorist accident lawyers at 888-826-8682 or 888-U-COUNT-2 to schedule a free consultation today.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=021500050K143a-2