If an uninsured, underinsured or hit-and-run driver hurt you in Illinois, your own auto policy may help. Illinois law requires auto liability policies to include uninsured motorist (UM) coverage, including for hit-and-run vehicles, at least at the state minimum limits (215 ILCS 5/143a). Underinsured motorist (UIM) coverage applies when the at-fault driver's liability limits are lower than your UIM limits. Notice and filing conditions vary by policy, so report the crash promptly and read your policy. Call Stavros Law Offices at (847) 520-4810 for a free consultation.
General information, not legal advice. Last reviewed: October 2026.
What Illinois Requires in Auto Policies
Under 215 ILCS 5/143a, an Illinois auto liability policy generally cannot be issued or renewed unless uninsured motorist coverage is included, in limits for bodily injury or death set forth in Section 7-203 of the Illinois Vehicle Code, for insured persons who are legally entitled to recover damages from owners or operators of uninsured and hit-and-run motor vehicles. Those minimum limits are $25,000 per person and $50,000 per crash (625 ILCS 5/7-203).
A related section, 215 ILCS 5/143a-2, says UM coverage must be included in an amount equal to the insured's bodily injury liability limits, unless the insured rejects the higher amount in writing. Insurers must also describe the coverage to applicants. It also says underinsured motorist coverage must be included in an amount equal to the policy's UM coverage where that UM coverage exceeds the state minimums.
What you actually have depends on your policy and your choices when you bought it. Look at your declarations page for UM and UIM limits, or ask your agent.
What Counts as Uninsured or Underinsured
- Uninsured: the at-fault driver has no liability insurance that applies. The statute also treats a vehicle as uninsured in some cases where the driver's insurer cannot pay because it was found insolvent.
- Hit-and-run: the at-fault vehicle left and the driver cannot be identified. Illinois UM coverage includes hit-and-run vehicles.
- Underinsured: the at-fault driver has insurance, but the limits are lower than the underinsured coverage limits of the injured person's policy (215 ILCS 5/143a-2(4)).
Underinsured claims often arise because many drivers carry only the minimum, and serious injuries can cost more than $25,000. If the other driver's policy pays its limits and your losses are higher, your UIM coverage may apply, subject to its terms.
How an Uninsured Motorist Claim Works
- Report the crash to your insurer promptly, and tell them you may be making an uninsured or underinsured motorist claim. Many policies set notice conditions. They vary by policy, so check yours.
- Document the crash and injuries. Get the police report, photos, witness names, and medical records. See our car accident checklist.
- Confirm the other driver's coverage. The police report, the other driver's insurance card and the insurer can show whether liability coverage exists and in what amount.
- Submit your claim. Your insurer will investigate, ask for records and may request a statement or medical authorization. Read the form before you sign it. See dealing with insurance after a crash.
- Negotiate or arbitrate. The claim is made against your own insurer, which can still dispute fault, injuries and value.
You must still show that the other driver was at fault and what your damages are. Your own share of fault, if any, can reduce a claim, and a person more than 50% at fault is barred (735 ILCS 5/2-1116). Read our guide to comparative fault in Illinois.
Arbitration
215 ILCS 5/143a says UM policies must provide that disputes about coverage and the amount of damages go to arbitration before the American Arbitration Association under its rules, or alternatively to a three-arbitrator panel in which each side selects an arbitrator and those two pick a third. The statute says a panel decision is binding for damages up to $75,000 for one person and $150,000 for two or more people in a crash, or the policy limits if less. Your policy's wording controls how your claim is handled, so read the arbitration or dispute clause.
Hit-and-Run Crashes
If the driver left the scene, report it to police right away and give every detail you remember: vehicle description, plate numbers (even partial), direction of travel, and any nearby cameras. Then notify your insurer. Many policies have conditions for hit-and-run claims, such as prompt police notice or reporting within a stated time, so read the policy language that applies to you.
UM coverage for bodily injury includes hit-and-run vehicles. Uninsured motorist property damage coverage is a separate coverage, and the statute says no liability is imposed under it if the at-fault owner or operator of an uninsured or hit-and-run vehicle cannot be identified. Your collision coverage, if you have it, may be the better route for vehicle damage in that situation.
Limits, Stacking and Exclusions
- Limits: UM and UIM pay up to the limits on your policy. Higher limits may apply if you chose them, or if you did not reject additional coverage in writing.
- Stacking: Illinois statute says limits for a vehicle may not be added to the limits of similar coverage for other vehicles when figuring the total available for one person in one crash (215 ILCS 5/143a(1); 143a-2(5)). Check how your policy applies this.
- Underinsured offsets: the insurer's UIM limit is the UIM coverage limit less amounts actually recovered from the at-fault driver's liability coverage (215 ILCS 5/143a-2(4)).
- Exclusions: UM coverage does not apply to an insured who is occupying a vehicle owned by, or regularly available to, the insured or a resident relative if that vehicle is not described in the policy and not a newly acquired or replacement vehicle (215 ILCS 5/143a(1)).
- Who is covered: the persons insured under the policy, as the policy defines them. Household members and passengers may be covered, depending on the policy.
Settling With the At-Fault Driver First
Sometimes the at-fault driver's insurer offers its limits before a UIM claim is resolved. Illinois law and your policy set rules for what comes next. The statute allows a UIM clause that holds off payment until the at-fault driver's liability coverage has been partly or fully exhausted, and it also says that a settlement for less than those limits does not by itself prevent a UIM claim (215 ILCS 5/143a-2(7)). It also describes a procedure in which the UIM insurer gets advance written notice of a proposed settlement and has 30 days to advance that amount to keep its subrogation rights (215 ILCS 5/143a-2(6)). Because a mistake can cost you coverage, talk with an attorney before you sign any release.
Deadlines
Most Illinois injury lawsuits must be filed within two years (735 ILCS 5/13-202), with exceptions. A UM or UIM claim is a claim under your insurance contract, and time limits or notice conditions can be different and depend on the policy. Do not assume the two-year rule is the only one. See Illinois personal injury deadlines and ask an attorney early.
Frequently Asked Questions
Does Illinois require uninsured motorist coverage?
Yes. Under 215 ILCS 5/143a, auto liability policies issued in Illinois must include uninsured motorist coverage, including for hit-and-run vehicles, in at least the limits set in 625 ILCS 5/7-203 ($25,000 per person and $50,000 per crash). Additional coverage equal to your liability limits applies unless rejected in writing (215 ILCS 5/143a-2).
What if the other driver has only minimum coverage?
If the at-fault driver's liability limits are lower than the underinsured motorist coverage on your policy, you may have an underinsured motorist (UIM) claim, subject to the policy's terms. The insurer's limit is generally your UIM limit less amounts actually recovered from the at-fault driver's coverage (215 ILCS 5/143a-2(4)).
What if the driver who hit me fled?
Report it to police right away and notify your insurer. Illinois UM coverage includes hit-and-run vehicles, but policies may set conditions, such as prompt police notice, so read yours. Vehicle damage may fall under your collision coverage instead.
How long do I have to report an uninsured motorist claim?
It varies by policy. Many policies require prompt notice and may have time limits for UM and UIM claims that are different from the two-year injury lawsuit deadline. Read your policy and report the crash as soon as you can.
Can I settle with the at-fault driver and still make an underinsured claim?
Possibly. Illinois law says a settlement for less than the at-fault driver's limits does not by itself prevent a UIM claim, and it describes a notice procedure to the UIM insurer (215 ILCS 5/143a-2(6), (7)). Talk with an attorney before you sign any release.
What happens if my insurer and I disagree about the claim?
UM policies in Illinois must provide for arbitration of disputes over coverage and damages (215 ILCS 5/143a). Your policy explains the process. An attorney can review the policy and the next steps.
More Help
Our Car Accident Resource Center explains the steps after a crash, and our Wheeling car accident page describes how we help injured drivers.
Talk to Our Team
Stavros Law Offices is one team handling criminal defense and DUI, personal injury and civil litigation. Call (847) 520-4810 or request a free consultation online. Our bilingual staff can assist. Se habla español.
Stavros Law Offices
433 N. Milwaukee Ave, Wheeling, IL 60090
(847) 520-4810
Monday–Friday 9–5; closed Saturday
Serving clients in Cook, Lake, McHenry, Kane and DuPage Counties.
General information, not legal advice; no attorney-client relationship until engaged; past results do not guarantee a similar outcome. Laws and deadlines change and every case is different. Last reviewed: October 2026.