Home > Blog > How to File an Uninsured Motorist Claim in Illinois: Step-by-Step

When an uninsured driver causes an accident in Illinois, you can’t simply file a claim against the at-fault driver’s nonexistent insurance policy. Instead, you turn to your own auto insurance policy’s uninsured motorist (UM) coverage. Filing a UM claim is fundamentally different from a standard third-party liability claim, and understanding the process can significantly affect your outcome.

Step 1: Verify Your UM Coverage

Review your auto insurance declarations page to confirm you have uninsured motorist coverage and identify your policy limits. While Illinois law does not require UM coverage, most policies include it unless you specifically rejected it in writing. Your UM limits may match your liability limits — for example, if you carry 100/300 liability, you likely have 100/300 UM as well. Some policyholders purchase higher UM limits, which is one of the smartest insurance decisions you can make.

Step 2: Report the Accident Promptly

Notify your insurance company about the accident as soon as possible. Most policies require “prompt notice” of any accident, and delay can give the insurer grounds to dispute your claim. When you call, make it clear that the at-fault driver was uninsured and that you intend to file a UM claim. The insurer will assign a claims adjuster — remember that this adjuster works for your insurance company, but in a UM claim, their job is to evaluate your claim much like a liability adjuster would for the other driver’s insurer.

Step 3: Document Everything

A UM claim requires the same evidence you would need for any car accident claim: police reports documenting the accident and the at-fault driver’s lack of insurance, medical records showing the nature and extent of your injuries, wage loss documentation from your employer, photographs of vehicle damage and the accident scene, and witness statements if available.

Step 4: Prove the Other Driver Was At Fault

Even though you’re filing against your own policy, you still need to prove that the uninsured driver was negligent and caused your injuries. Your insurer is not simply paying benefits — they are stepping into the shoes of the at-fault driver’s insurer, and they will evaluate liability just as a third-party carrier would. The police report, witness statements, and physical evidence all matter.

Step 5: Negotiate or Demand Arbitration

Your insurance company may offer a settlement that undervalues your claim. You are not required to accept their first offer. If negotiations reach an impasse, most Illinois UM policies include a mandatory arbitration clause. This means your claim will be decided by an arbitration panel rather than going to court. Arbitration in UM cases can be binding or non-binding depending on your policy language.

When Your Own Insurer Acts in Bad Faith

Your insurance company has a duty of good faith and fair dealing, even in UM claims. If they unreasonably delay, deny, or undervalue your claim, you may have a separate bad faith claim under 215 ILCS 5/155. Bad faith penalties can include attorney’s fees and additional damages beyond the policy limits. This is one of the key reasons to have an attorney involved in your UM claim — it keeps the insurer honest.

If you’ve been injured by an uninsured driver in the Peoria area, the attorneys at Parker & Parker can handle the UM claims process and fight for the full value of your claim.

Injured? Get a Free Case Review.

The personal injury attorneys at Parker & Parker have been fighting for accident victims in Peoria and across Central Illinois for over 25 years. Call (309) 674-0044 or contact us online for a free, no-obligation consultation.

Frequently Asked Questions

Is uninsured motorist coverage required in Illinois?

No. Illinois does not require UM coverage, but insurers must offer it and most policies include it unless you specifically rejected it in writing. Check your declarations page to confirm your coverage and limits.

Do I have to prove fault in a UM claim?

Yes. Even though you’re filing against your own policy, you must prove the uninsured driver was negligent and caused your injuries. Your insurer evaluates liability just as a third-party carrier would.

What if my insurance company denies my UM claim?

If your insurer unreasonably denies or undervalues your claim, you may have a bad faith claim under 215 ILCS 5/155. Most UM policies also include mandatory arbitration provisions that allow an independent panel to decide the claim.

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

You must file within the timeframe specified in your policy (usually prompt notice is required) and within the two-year statute of limitations for personal injury. Delaying notification to your insurer can jeopardize your claim.

If you or a loved one has been injured in a car accident, the experienced Peoria personal injury attorneys are ready to help you pursue the compensation you deserve.

How to File an Uninsured Motorist Claim in Illinois: Step-by-Step