What Happens If the Person at Fault in an Accident Has No Insurance in Illinois?

Illinois's at-fault auto liability system obligates the driver who caused the crash to cover accident-related damages. To enforce this, the state imposes minimum auto liability insurance on all motorists and mandates proof of insurance in their vehicles (625 Illinois Compiled Statutes (ILCS 5/7-601)). Only a few vehicles, such as those owned by the government or covered by a certificate of self-insurance, are exempt from this rule.

It is important to note, however, that at-fault drivers remain liable for damages caused in an accident, regardless of whether they have insurance. As such, uninsured or underinsured drivers may be required to pay compensation to victims out of pocket, exposing them to potentially severe financial consequences. Driving without insurance constitutes a violation under Illinois traffic violations and infractions, carrying penalties such as driver's license suspension, fines, vehicle registration revocation, and increased civil liability in the event of an accident.

Is It Illegal To Drive Without Insurance In Illinois?

Yes. Per 625 ILCS 5/6-601, driving without insurance in Illinois is a petty offense. Drivers who fail to provide proof of mandatory insurance in Illinois risk steep penalties, including vehicle registration suspension, license plate suspension, SR-22 filing, fines, and even jail time in aggravated circumstances.

What Is the Minimum Insurance Requirement in Illinois?

In Illinois, vehicle operators must carry a minimum of $25,000 in liability coverage per person's injury or death, $50,000 for the death of two or more persons in a single accident, and $20,000 for damage to another person's property (625 ILCS 5/7-203).

Additionally, auto liability insurers are required to include uninsured and hit-and-run motorist coverage in all motor vehicle liability policies issued or renewed in the state. The amount offered should be equal to the policy's bodily injury liability limits. However, the insured person is not mandated to accept the coverage and can reject it in writing.

Motorists who purchase higher limits of uninsured motorist coverage are required to have underinsured motorist bodily injury coverage.

What To Do After A Car Accident With an Uninsured Driver in Illinois

Victims in Illinois should take the following standard steps if hit by an uninsured driver:

Step 1: Call the Police

Car accident victims are legally required to report the auto crash if it involves bodily injury, death, or property damage above $1,500 for insured motorists or $500 if at least one of the vehicles involved is uninsured. Notice of the accident should be made to the local police department, the county sheriff, or the Illinois State Police, depending on the location of the accident (625 ILCS 5/11-407).

Step 2: File the Illinois Motorist Crash Report (Optional)

Per the Illinois Public Act 102-0560, motorists involved in an accident are no longer obligated to complete the SR1B Illinois Motorist Report to be sent to the Illinois Department of Transportation (IDOT). Nevertheless, drivers are encouraged to file a motorist crash report due to the various benefits it provides, including serving as evidence in an insurance claim or lawsuit.

Step 3: File a Claim Through Their Uninsured Motorist Insurer

Motorists involved in a collision with an uninsured at-fault driver can help mitigate their losses by relying on an applicable coverage under their auto insurance policy, especially uninsured motorist coverage. Other insurance policies that may prove useful include medical payments (MedPay) and collision coverage.

Step 4: Consider a Civil Lawsuit

Drivers often file a personal injury lawsuit as the last resort in an effort to recover compensation for their injuries or losses after an auto crash. However, plaintiffs must file a car accident lawsuit within two years from the accident date to avoid the case being barred by the statute of limitations, set forth in 735 ILCS 5/13-202.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Liability in an Illinois auto accident depends on fault (specifically, who caused the accident) and not on the presence or absence of an insurance policy. Therefore, motorists who have no insurance can still claim damages from the at-fault driver in an auto collision. However, while being uninsured creates no barrier to compensation, the claimant may still face separate legal and administrative consequences associated with driving uninsured in Illinois.

Can I Sue an Uninsured Driver in Illinois?

Yes. Illinois tort law permits individuals to file a civil lawsuit against any person who negligently causes harm in a car accident, regardless of the at-fault driver's insurance status. For a personal injury claim to be successful, the claimant must prove the defendant's negligence. This involves demonstrating four key elements: the defendant had a duty of care, they breached that duty, this breach directly caused the accident, and the claimant sustained actual damages as a result.

Car accident lawsuits in Illinois are initiated by petitioning a court of competent jurisdiction. This is typically the circuit court within the county where either party resides or the accident occurred. If the total compensation sum is $10,000 or less, the lawsuit should be filed in the Small Claims Court.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Illinois?

Yes, depending on the type of coverage the claimant carries. Generally, uninsured motorist bodily injury (UM) and uninsured motorist property damage (UMPD) coverage (with a maximum $250 deductible) provide the primary protection when the at-fault driver has no insurance 215 ILCS 5/143a(1). However, in the absence of UM or UMPD coverage, individuals may still find relief through other policies such as Medical Payments (MedPay) and collision coverage, which can cover medical expenses and vehicle damage, regardless of fault.

MedPay covers limited medical and funeral expenses for eligible claimants, family members, and passengers injured or killed in an auto crash. On the other hand, collision coverage pays for auto repairs or replacement resulting from a collision with another vehicle or object.

What Is Uninsured Motorist Coverage in Illinois?

Uninsured motorist coverage is a type of car insurance that protects the policyholder in the event of a crash/collision with an at-fault driver who does not have insurance. This coverage pays for the policyholder's damages, including medical expenses, lost wages, and pain and suffering resulting from an auto crash.

In contrast, underinsured motorist (UIM) coverage applies when the at-fault driver's insurance is too little to cover all the damages.

As mentioned above, UM coverage in Illinois mirrors the state's bodily injury liability limits (215 ILCS 5/143a-2).

What If I Don't Have Uninsured Motorist Coverage in Illinois?

Individuals without uninsured motorist coverage in Illinois still have an opportunity to obtain compensation from the following avenues:

• Bringing a personal injury suit against the at-fault party.
• Requesting uninsured accident court-ordered suspension for unsatisfied judgment under 625 ILCS 5/7-303 (this applies when a court orders the defendant to pay damages).
• Applying for the Illinois Crime Victims Compensation Program if the collision involved a violent crime, such as a hit-and-run accident.

How Do I Get Compensation from an Uninsured Driver in Illinois?

Accident victims can recover compensation from an at-fault uninsured driver through a litigation process that involves the following steps:

1. File and Serve A Complaint

   Per 735 ILCS 5/2-201, a personal injury lawsuit in Illinois begins with filing a complaint at the appropriate court. A complaint should include an introductory paragraph, factual allegations, parties, jurisdiction, venue, prayer for relief, cause of action, and signature. After filing the complaint, a copy is served on the defendant along with a summons, and the defendant is expected to submit an answer in response. The plaintiff then files a reply to the answer if a new matter was raised in the answer, and the case proceeds to the next phase.

   Note: Individuals can learn more about the civil process in small claims courts by perusing the Small Claims Complaint and Summons guide. Per 735 ILCS 5/2-1301, the judge may enter a judgment by default if the defendant does not show up in court or fails to file an answer within the stipulated timeframe.

2. Discovery

   If the defendant answers the complaint, the process enters the discovery stage, where the parties request and exchange written documents, ask each other questions in the form of interrogatories and medical examinations, and hold depositions where parties and witnesses give sworn testimonies. Generally, the goal of the discovery phase is for each party to obtain information from the other to help build or strengthen their cases.

3. Pre-Trial Preparations

   If the parties do not reach a settlement after the discovery stage, the case proceeds to pretrial preparation. This is the phase where pre-trial motions and hearings are heard to streamline the legal issues and resolve procedural/evidential matters before trial. Common pretrial motions include motions to exclude evidence and motions for summary judgment.

4. Trial and Judgement

   The trial stage is where the parties officially present their cases before the judge or jury. Trials begin with opening statements, after which the plaintiff and defendant take turns presenting their cases with evidence and witness testimonies. This stage ends with closing arguments from both sides, after which the jury or judge reaches a verdict, either awarding or denying damages.

How Much Can You Recover From an Uninsured At-Fault Driver in Illinois?

In Illinois, accident victims are entitled to full compensation from an uninsured at-fault driver through a personal injury lawsuit, as there are no caps on economic and non-economic damages. This means they can claim exact financial damages, supported by evidence, and a judge will determine the appropriate amount for non-economic damages.

In certain cases, the judge may also award punitive damages where evidence of gross negligence is established. Although punitive damages are not capped, the judge has a duty to ensure that the amount awarded is reasonable and not excessive in the circumstances.

Note: If the total compensation sum is $10,000 or less, the lawsuit should be filed in Small Claims Court. Also, claimants may find it difficult to obtain compensation from uninsured motorists with inadequate assets even after a favorable judgment. In such circumstances, the claimant may leverage post-judgement collection methods, such as citation to discover assets, wage garnishment proceedings, and non-wage garnishment proceedings (735 ILCS 5/2- 1402).

How To Find Out If the At-Fault Driver Has Insurance in Illinois

Car accident victims can verify an at-fault driver's insurance status by:

• Asking the other driver: Accident victims can obtain the other driver's insurance information by asking for their name, contact information, address, driver's license information, car license plate number, auto insurance company, and policy number in compliance with Illinois law.
• Reviewing the police report: Claimants can request an accident report from the police department that responded to the scene of the crash. More information is available on the Illinois State Police's Obtain a Copy of a Traffic Crash Report page.
• Asking the defendant (at-fault party) to produce their insurance documents during the discovery phase in a car accident lawsuit

Are Accidents Public Record in Illinois?

Yes. Accidents are public documents under the Illinois Freedom of Information Act (FOIA), which affirms the public's right to access information about government activities, including law enforcement responses to traffic incidents. Therefore, anyone can send an FOIA request for accident records, such as police reports and Illinois Department of Transportation (IDOT) data, to the appropriate custodian and expect a favorable response.

Regardless, public access to some accident records may be restricted based on some exemptions highlighted by the FOIA and other applicable statutes. For example, information that would result in an unwanted invasion of privacy, if disclosed, is excluded from public crash records.

Can You Go to Jail for Causing an Accident Without Insurance in Illinois?

Yes. While driving without insurance does not ordinarily lead to a jail term in Illinois, the situation changes when the uninsured driver causes an accident. Per 625 ILCS 5/3-707(c), anyone who causes bodily harm to another while operating/driving a motor vehicle without the required insurance is guilty of a Class A misdemeanor. A Class A misdemeanor carries a penalty of up to 364 days in jail or a fine of up to $2,500.

Can You Settle With an Uninsured Driver Out of Court in Illinois?

Yes. Illinois law does not prevent parties in an accident from reaching a private settlement agreement outside of court, even in cases involving uninsured drivers. However, the enforceability of such agreements depends on compliance with general contract principles under Illinois law.

For example, under Illinois contract law, a valid and legally binding settlement must include an offer, acceptance, consideration, and a mutual intent to create legal relations. Without these essential elements, the agreement may not be enforceable in court. Also, having the agreement in writing aids enforceability and strengthens a party's legal position if the other party breaches or fails to comply with any term.

Individuals are strongly advised to consult an experienced attorney to ensure their agreements are properly drafted, legally sound, and compliant with applicable laws.

Can I Get Compensation If I Was Partially at Fault?

Yes. Individuals can still recover compensation for an accident in Illinois even if they are partially at fault, so long as their percentage of fault does not exceed 50%. Based on the state's modified comparative negligence system, codified in 735 ILCS 5/2-1116, a claimant's compensation diminishes in proportion to their degree of fault. However, if the claimant is found to be more than 50% at fault, they are barred from financial recovery.