Hit by an Uninsured Driver in Illinois

Last Updated: April 22, 2026

If an uninsured driver hits you in Illinois, your own uninsured motorist (UM) coverage pays for your injuries — not the at-fault driver. Illinois requires every auto policy to include UM coverage unless you explicitly rejected it in writing, under 215 ILCS 5/143a. File the claim with your own carrier, not the other driver’s.

Your own insurance policy covers you. Illinois law requires every auto insurer to offer UM/UIM coverage, and most policies include it by default. In the uninsured motorist claims we handle in Peoria County, the process starts with filing against your own carrier — not chasing an uninsured driver who likely has no assets to recover from. Here is what happens next and what you should do.

This article provides general information about Illinois uninsured motorist claims and is not legal advice. Every case is different. If you have questions about your specific situation, call us at (309) 673-0069 for a free consultation.

Illinois UM/UIM Coverage Requirements: 215 ILCS 5/143a

Illinois requires every auto insurance policy written in the state to include uninsured motorist (UM) and underinsured motorist (UIM) coverage, unless the policyholder rejected the coverage in writing. The minimum limits track the state’s liability minimums under 625 ILCS 5/7-601: $25,000 per person and $50,000 per accident. Most Central Illinois policyholders carry higher limits — $100,000/$300,000 is common — and some carry substantially more.

Three things to check on your own policy in the first 48 hours after the crash:

UM coverage amount. Listed on the declarations page. If you can’t find your declarations, call your agent — State Farm, Country Financial, Allstate, Progressive, Pekin Insurance, American Family, Farmers, Grinnell Mutual, and Shelter all maintain Central Illinois offices or agents. The declarations page is sent annually with the renewal.
UIM coverage amount. Same policy section. UIM pays when the at-fault driver had some insurance but not enough.
Stacking. If you have multiple vehicles on the same policy or a separate umbrella policy, Illinois law may allow you to stack the UM limits. Whether your policy allows stacking is a coverage-specific analysis.

Steps to Take Immediately After Being Hit by an Uninsured Driver

Call 911. You need a police crash report. The Peoria Police Department, Illinois State Police, or Tazewell County Sheriff’s deputies responded — the investigating agency depends on where the crash occurred. Crashes on I-74, I-474, and I-155 typically go to ISP. City streets in Peoria, East Peoria, and surrounding municipalities go to the local department.
Get the other driver’s information — but verify it. Uninsured drivers routinely give false insurance information at the scene. Photograph the other driver’s license, the vehicle’s license plate, and any insurance card they show you. If they refuse to provide information, the police report will capture what the officer can obtain.
Document the scene. Photographs of both vehicles from multiple angles, skid marks, debris, traffic controls, and your own injuries. Witness contact information.
Seek medical care. Emergency room at OSF Saint Francis Medical Center or UnityPoint Methodist in Peoria if injuries are acute. Primary-care or urgent-care follow-up within 48–72 hours if you declined the ambulance at the scene.
Notify your own insurance carrier. This is counterintuitive — you haven’t done anything wrong — but a UM claim is filed with your own insurer. Most policies require “prompt notice” of a potential UM claim; waiting weeks or months can trigger a coverage defense.
Do not give the adjuster a recorded statement until you’ve talked to an attorney. Your own insurer — the same company that collected your premiums for years — becomes the adverse party once you file a UM claim. What you say on the recorded call becomes their cross-examination exhibit in arbitration or trial.
Preserve the police report number. You’ll reference it in every communication with your insurer. Reports from the Peoria PD typically take 5–10 business days to become available.

How to File a UM Claim in Illinois

A UM claim is legally distinct from a standard third-party claim. Key differences:

Your own carrier is the defendant. In substance, if not in name. They pay the claim, so they adjust the claim against you. Their incentive to pay quickly is limited.
The carrier’s response is governed by 215 ILCS 5/154.6. They must respond to the claim within a reasonable time. Thirty days is the industry-standard diary.
Carrier patterns in Central Illinois UM claims: State Farm and Country Financial (both Bloomington-based) typically pay fair value on straightforward UM claims but push back hard on disputed-liability claims where fault was shared or the other driver’s identity couldn’t be confirmed. Progressive applies the same lowball-first-offer pattern we see on third-party claims — expect opening offers at 30–50% of the demand. Allstate feeds UM claims into Colossus, the same claims-evaluation software used for third-party claims.
If the carrier refuses or lowballs, most UM policies require binding arbitration, not court litigation. That is a procedural cliff most claimants don’t expect. Read more at our guide to UM/UIM arbitration in Illinois.

What Damages UM Coverage Pays For

UM coverage is designed to put you in the position you would have been in if the at-fault driver had carried adequate liability insurance. Recoverable damages, under the Illinois Pattern Jury Instructions, include:

Medical expenses past and future (IPI 30.06), up to the policy limit
Lost wages past and future
Pain and suffering (IPI 30.05)
Disability and loss of a normal life (IPI 30.04.01)
Disfigurement
Future medical expenses reduced to present cash value (IPI 34.02)

UM does not cover the property damage to your vehicle — that’s collision coverage, a separate part of your policy. And it does not cover pain and suffering for passengers who have their own UM coverage in their own vehicles; there are rules about stacking and priority that can get complex fast.

UM/UIM Arbitration in Illinois: The Forum You Didn’t Choose

Most Illinois UM/UIM policies contain a mandatory arbitration clause. If your UM claim can’t be settled, the dispute is decided by a panel of arbitrators — not a jury, not a judge, not in open court. The arbitration clause is buried in the small print of the policy, and most claimants don’t discover it until after the crash. Our detailed UM/UIM arbitration guide walks through what to expect. The short version: arbitration is faster than trial, but the rules of evidence are looser, and there is no meaningful appeal. Preparation matters enormously.

Hit-and-Run Accidents Count as UM Claims

If the other driver fled the scene and couldn’t be identified, Illinois treats that as a UM claim under 215 ILCS 5/143a. The requirement is physical contact between the vehicles — a “phantom vehicle” that caused you to swerve without making contact generally does not qualify. Our dedicated page on hit-and-run UM coverage in Illinois covers the specifics.

Frequently Asked Questions

Do I file a UM claim with my own insurance or the uninsured driver’s insurance?

Your own. An “uninsured driver” by definition has no liability insurance to pay the claim. Your UM coverage — which you paid for — is the recovery source. You still need to document the other driver’s information for the police report and your insurer’s file, but the claim itself is against your own carrier.

Will my own insurance rates go up if I file a UM claim?

Illinois law at 215 ILCS 5/155.23 prohibits carriers from raising your premium or canceling your policy because you filed a UM claim in which you were not at fault. If your carrier raises your rates after a UM claim, it’s an Illinois Department of Insurance complaint opportunity at doi.illinois.gov.

How long do I have to file a UM claim in Illinois?

The statute of limitations for Illinois UM claims is generally 10 years from the date of the accident under the written-contract SOL (735 ILCS 5/13-206), because the claim is contractual — you’re suing your own carrier to enforce the UM provision of the insurance policy. However, your policy itself may impose a shorter “prompt notice” requirement, sometimes as short as 30 days. Check your policy and consult counsel as soon as possible after a crash.

What if the uninsured driver’s insurance card turns out to be fake or expired?

Common. Report it to the Peoria Police Department (if they didn’t already catch it) and to your own carrier. Your UM claim proceeds as if the driver were uninsured from the start.

Can I recover pain and suffering through UM coverage?

Yes. UM coverage reaches all the same damage categories as a third-party claim — medical bills, lost wages, pain and suffering, disability, loss of a normal life. IPI 30.05 and IPI 30.04.01 apply. The practical limit is the UM policy amount — $25,000 minimum, but higher on most Central Illinois policies.

What if I have UM coverage on multiple vehicles?

Illinois allows stacking of UM coverage in some circumstances. Our stacking UM/UIM coverage guide walks through when stacking is available. Short answer: if you have several vehicles on the same policy or separate policies with UM coverage, we review the policy language to determine whether stacking applies.

Hit by an Uninsured Driver? Let’s Talk.

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What to Do If You’re Hit by an Uninsured Driver in Illinois