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Published on May 23, 2025

Can You Still Get Compensated If the At-Fault Driver Doesn’t Have Insurance?

The Illinois Hammer Injury Law Firm

Yes — you may still be able to receive compensation even if the driver who hit you doesn’t have insurance. In Illinois, most auto insurance policies include uninsured motorist (UM) and underinsured motorist (UIM) coverage. These protections are designed to help you recover damages when the at-fault party cannot.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage (UM) kicks in when the driver responsible for a car accident has no insurance at all. This coverage typically helps pay for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Other damages related to your injury

Illinois law requires auto insurance policies to include UM coverage, so if you have valid insurance, you likely already have this protection.

What If the Other Driver Has Insurance, But Not Enough?

In that case, underinsured motorist (UIM) coverage may apply. This helps cover the difference between the total value of your damages and the amount the at-fault driver’s policy can pay. For example, if your total losses are $100,000 but the other driver only has $25,000 in liability coverage, your UIM coverage can help make up the $75,000 difference — up to your policy limits.

How Our Lawyers Can Help

Navigating your own insurance policy after an accident can be confusing and frustrating. That’s where we come in. At The Illinois Hammer, our attorneys:

  • Review your car insurance policy in detail
  • Explain how UM/UIM coverage applies in your situation
  • Handle all communication and paperwork with your insurer
  • Help you understand your legal rights and next steps

Even though you’re filing a claim with your own insurance company, it’s important to remember that their goal is still to pay out as little as possible. Having a legal advocate on your side ensures your claim is treated fairly and that you’re not pressured into accepting less than you deserve.

Don’t Wait to Take Action

There are strict deadlines for filing UM or UIM claims in Illinois. The sooner you speak with an attorney, the better your chances of protecting your rights and building a strong case.

Schedule a Free Consultation

If you’ve been hit by an uninsured or underinsured driver, don’t panic — you’re not out of options. Contact Illinois Hammer for a free consultation. We’ll review your case, go over your insurance policy, and help you pursue the compensation you need to move forward with confidence.

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