Uninsured/Underinsured Motorist Coverage
Illinois, like most states, requires that motorists carry a minimum amount of automobile liability insurance. This is found in the Illinois Insurance Code, Section 143 (a)(1). The law requires that every automobile liability insurance policy provide for uninsured (UM) and underinsured (UIM) motorist coverage. However, as is the case with regulations, not everyone abides by this law.
As a protection against uninsured motorists, insured Illinois motorists are provided with auto insurance that includes uninsured motorist coverage. The coverage provided by uninsured motorist’s insurance is for the injury to a driver or passenger of a vehicle who has been injured by an uninsured motorist. The public policy reasoning for this law is to provide compensation for those drivers and passengers who have been injured by another driver of a motor vehicle who is uninsured or underinsured. Under the insurance company’s policy, in the event of a claim of either uninsured or underinsured motorist, the compensation is determined and resolved by binding arbitration. The language setting out the procedure of such arbitration is included in the automobile liability insurance policy.
At Kreisman Law Offices when faced with the possibility of an uninsured or underinsured motorist claim we send a demand for arbitration to our client’s insurer just in case such a procedure in needed given the serious nature of the client(s)’ injuries and damages caused by an uninsured or underinsured motorist.
The essential rules of an insurance policy regarding a claim for UM or UIM is found in contract of insurance. Like all contracts there are times and resulting cases, where the contract of insurance requires interpretation because of a conflict among the parties. Because the insurance company is the writer of the contract with no leeway in negotiating the language contained in it, the insured is often given the benefit should the court be required to intervene to interpret the contract. In other words, if an argument were to arise claiming some ambiguity in the contract language the court will usually find for the insured. In some insurance policies a demand for arbitration must be done within two years from the date of the incident or injuries to the insured.
Another automobile insurance coverage feature is underinsurance motorist coverage. If you were injured by someone else who had the minimum insurance coverage for the bodily injuries that were suffered by you and a passenger or passengers, your underinsurance motorist coverage could increase the amount of recovery for your injuries. In Illinois, underinsurance would apply when the party that injured someone whose policy limits was $20,000 and the underinsurance coverage was $50,000, then the maximum that could be recovered for bodily injuries would be $50,000. In Illinois, the law does not allow “stacking” of the insurance of a party at fault with your own policy for underinsurance.
By example, if the insurance coverage for injuries suffered by you by the party at fault was $100,000 and you likewise had underinsurance coverage of a limit of $100,000, you could not recover more than $100,000 for the bodily injuries that were suffered.
If you or a loved one has been injured or died as a result of an automobile accident or truck accident involving an uninsured motorist or underinsured motorist, please call us for an immediate free consultation.
Robert Kreisman of Kreisman Law Offices has been handling Chicago and Illinois automobile accidents, truck accidents and uninsured motorist coverage claims as well as underinsurance coverage claims successfully for more than 40 years.
Since 1976 Kreisman Law Offices has prevailed in trials and settlements in Chicago, Illinois and surrounding areas and successfully resolved cases for automobile accidents, truck accidents and uninsured motorist coverage claims as well as underinsurance coverage claims for over these many years.
With our years of experience in trying and settling automobile accidents, truck accidents and uninsured motorist coverage claims as well as underinsurance coverage claims in Illinois, Kreisman Law Offices provides the best possible services to our clients. Our service is unmatched. Please call us 24 hours a day at (312) 346-0045 or toll free (800) 583-8002 for a free and immediate consultation, or complete a contact form online. There is no charge for a consultation that will include an evaluation of your case, assessment of your damages such as lost income, lost wages, medical and hospital bills, past and future pain and suffering, loss of normal life and wrongful death.