What Happens When an Uninsured Driver Causes a Car Accident in Illinois?

 Posted on May 27, 2026 in Car Accidents

According to the Insurance Information Institute, 15.4 percent of U.S. drivers were uninsured in 2023, meaning roughly one in seven vehicles on the road carries no coverage. When a driver with no insurance causes a crash in Illinois, injured victims often face a gap in coverage at the worst possible time. Medical bills, lost wages, and vehicle repairs are very expensive, and there is no at-fault driver's policy to cover them. 

Illinois law does provide paths to compensation in this situation, but knowing which ones apply to your case matters. If you were injured by an uninsured driver in 2026, a North Shore, IL personal injury attorney at our firm can review your options.

What Illinois Law Requires Drivers to Carry for Auto Insurance

Illinois requires all drivers to maintain minimum liability coverage under 625 ILCS 5/7-601. The minimums are $25,000 per person and $50,000 per accident for bodily injury, plus $20,000 for property damage. Driving without insurance can lead to fines and suspension of the vehicle registration. In more serious cases, such as when an uninsured driver causes bodily harm, Illinois law can treat the offense as a Class A misdemeanor. Even so, many drivers remain uninsured, and some do not realize their policy has lapsed until a crash happens.

How Uninsured Motorist Coverage Works After an Illinois Car Crash

Illinois also requires auto insurers to include uninsured motorist (UM) coverage in every policy sold in the state. The minimum UM limits must match the state's liability minimums. This matters because if the at-fault driver has no insurance, you can file a claim with your own insurer under your UM coverage instead of trying to collect from a driver who has nothing to pay.

The process works differently from a regular claim. You are filing against your own policy, so your insurer steps into the role the at-fault driver's insurer would normally fill. Insurers sometimes dispute these claims or try to lower the payout, even when their own policyholder was not at fault. Having an attorney review the claim before you accept any offer can prevent you from being lowballed, even by your own insurance company.

What Underinsured Motorist Coverage Pays When Policy Limits Are Too Low

Underinsured motorist (UIM) coverage addresses a different but related problem. Some drivers carry insurance, but only the state minimum. If your injuries require surgery, extended treatment, or cause you to miss months of work, $25,000 may cover only a fraction of what you actually lost. UIM coverage applies when the at-fault driver's policy is not large enough to cover your full losses. UIM coverage comes through your own auto insurance policy as well. 

Can You Sue an Uninsured Driver Directly in Illinois?

Filing a lawsuit against the uninsured driver is an option, but the practical value depends on whether that person has any assets. Illinois gives you two years from the date of the crash to file a personal injury lawsuit under 735 ILCS 5/13-202. Even if you win in court, collecting money from a driver with no assets or income can be very difficult. An attorney can help you decide whether suing the driver directly makes sense on top of pursuing your own UM or UIM coverage, or whether the insurance claim is the more practical path.

Steps to Take After a Crash Involving an Uninsured Driver

If you have been in a crash with an uninsured driver, you can give yourself a better chance at a succesful claim by doing the following: 

• Call the police and get an official report, which documents the other driver's lack of insurance.

• Get the other driver's name, address, license plate, and any available contact information.

• Take photos of both vehicles, the scene, and any visible injuries.

• Seek medical care promptly, even if injuries seem minor at first.

• Notify your own insurer about the crash, but avoid giving a recorded statement before speaking with an attorney.

Taking these steps puts you in a stronger position when it comes time to file a claim or pursue legal action.

Contact a North Shore, IL Car Accident Attorney for a Free Consultation

If you were hurt by an uninsured or underinsured driver, do not accept anything from an insurance company before speaking with an attorney. The attorneys at Gruzmark Law, Ltd. offer free consultations and can review your claim, explain how Illinois UM and UIM coverage applies, and help you decide on the best path forward. 

To speak with a Northbrook, IL uninsured motorist lawyer, call 847-729-7660 today. Our firm serves clients in English, Russian, and Mongolian.