What to Do After an Illinois Crash with an Uninsured Driver

 Posted on October 15, 2025 in Car Accidents

As if a car accident is not stressful enough, imagine finding out that the driver who hit you is uninsured. Despite the mandatory auto insurance laws in Illinois, many drivers continue to drive without coverage. According to the Insurance Information Institute, as of 2023, about 15.2 percent of Illinois drivers were uninsured, ranking the state at number 17 for uninsured drivers across the nation.

Depending on your own insurance coverage, you may have other options for recovery following an accident with an uninsured driver. Other potential options include a civil lawsuit (although a driver who cannot afford car insurance is unlikely to have much in the way of assets) and the Illinois Safety Responsibility Law.

When you know what steps to take following a collision with an uninsured driver, you may see a better outcome. Having an experienced Joliet, IL personal injury lawyer by your side can increase your odds of a positive result even more, perhaps making the difference between full compensation and costly out-of-pocket losses.

What Does Illinois Law Say About Uninsured Drivers?

Illinois law (625 ILCS 5/7-601) requires all drivers to carry minimum liability coverage of $50,000 per accident and $25,000 per person. It is illegal to drive without this coverage; penalties for uninsured drivers can include a driver’s license suspension of up to four years, impoundment of the driver’s vehicle, and fines (from $500 to $1,000).

The driver may also be required to file an SR-22 certificate for the next three years. Illinois uses automated license plate readers to detect uninsured vehicles, which can trigger a citation at the least, and an impoundment as the worst-case scenario. An uninsured driver who causes an accident could find themselves personally liable for damages.

What Should You Do Immediately Following a Car Accident with an Uninsured Driver?

If the car accident does not result in serious injuries or damage to the vehicles, an uninsured driver who was clearly at fault may ask you to forego calling the police, even promising to pay for the damage. This is not something you should ever agree to. Always insist on calling the police so that an official report exists.

Your insurer will require this report, and if you later file a civil action, you will also need this report. Ask the police when the report will be ready, and how you can obtain it, whether that is picking it up in person or obtaining it via the internet. Other steps to take after an accident with an uninsured driver include:

• Always seek medical attention even if you think you are physically "okay."
• Remember that injuries can manifest hours or days after the accident, so having a doctor’s report is crucial.
• Take photos at the scene of the accident of both vehicles and the damage to them, along with a photo of the other driver’s license plate and driver’s license.
• If there are visible injuries to either driver or passengers, take photos of those injuries.
• If there are witnesses to the accident, obtain contact information.
• Document any statements the driver makes regarding insurance status.
• Never confront, argue, or negotiate with the uninsured driver at the scene of the accident.
• Once home, write down every detail you can remember about the accident.
• Call your own insurance company and provide them with the basic details of the accident.
• Contact a skilled car accident lawyer.

Consider Filing a Claim Through Your Own Insurance Company

All Illinois auto policies must include uninsured motorist coverage at the same limits as liability coverage unless you explicitly waive such coverage. This uninsured motorist coverage will cover your medical expenses, lost wages, and pain and suffering. Your insurance may also include underinsured motorist coverage, which applies when the other driver has insurance, but it is insufficient to cover all your damages.

Uninsured motorist coverage also applies if you are the victim of a hit-and-run accident. You must notify your insurer soon after the accident. If you fail to report the accident within a reasonable time (ideally, within 24-72 hours of the accident), your claim could be jeopardized. Be aware that your recovery for damages is limited by the uninsured motorist coverage limits stated in your own auto insurance policy.

What About Filing a Civil Lawsuit Against an Uninsured Driver?

If the driver who hit you is uninsured, you are allowed to file a civil suit against that person. If you receive a judgment in your favor, a judge can potentially place a lien on the individual’s assets or garnish his or her wages until you receive the settlement amount. Under the Illinois Safety Responsibility Law, the Secretary of State can suspend the uninsured driver’s license until all damages are paid in full. If you can recover damages from the at-fault driver, your insurance company may pursue reimbursement.

Complications and Special Situations Regarding Accidents with Uninsured Drivers in Illinois

If the collision involved multiple drivers and vehicles, and one or more of those drivers are uninsured, the complexities of the situation will significantly increase. Determining fault in these situations is complicated, and it is even more important that you have a knowledgeable car accident lawyer in this situation.

If you had passengers in your vehicle at the time of the accident, they are allowed to make independent uninsured motorist claims against your insurance policy. If a rideshare vehicle (Uber, Lyft, etc.) is involved in the accident, uninsured motorist coverage may be different. Depending on the specific circumstances, multiple uninsured motorist policies may be "stacked" for expanded coverage.

Since insurance companies may delay or minimize uninsured motorist payouts by arguing contributory negligence or policy limits, having a strong personal injury attorney is crucial. A personal injury attorney will ensure that reporting requirements and statutes of limitations are properly met, and will work hard on your behalf to recover full value under uninsured motorist coverage and potential civil judgments.

Contact a Will County, IL Personal Injury Lawyer

If you suffered injuries from an accident caused by an uninsured Illinois driver, you do have legal options. However, the process can be confusing, and insurers often resist paying fair compensation. A highly experienced Joliet, IL car accident attorney from McNamara Phelan McSteen, LLC can help you pursue every available recovery source, while protecting your future. We are a mid-sized, aggressive law firm with specific experience in different fields. To schedule your free consultation, call 815-727-0100.