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Pedestrian Hit-and-Run Accidents in Illinois: What to Do When the Driver Flees

Mon 23 Feb, 2026 / by / Car Accidents, Pedestrian Accidents

Last Updated: October 24, 2026

215 ILCS 5/143a(1) requires a qualifying motor-vehicle liability policy to cover a person insured under that policy who is legally entitled to recover damages from the owner or operator of an uninsured or hit-and-run motor vehicle because of bodily injury, at the limits in 625 ILCS 5/7-203. The policy states who is insured. 625 ILCS 5/11-401(a) requires the driver of a vehicle involved in a personal-injury or death crash to stop and remain until the requirements of section 11-403 have been fulfilled. Failure to comply with paragraph (a) is a Class 4 felony.

The Stop and the Report

Section 11-401 defines personal injury as any injury requiring immediate professional treatment in a medical facility or doctor’s office. Paragraph (b) requires a person who failed to stop or to comply with paragraph (a) to report the place, date, approximate time, driver’s name and address, registration number, and the names of the other occupants, at a police station or sheriff’s office near the crash. The report is due as soon as possible and in no case later than one-half hour after the crash, or, if the person is hospitalized and incapacitated during that period, one-half hour after discharge. A report made under paragraph (b) shall not be used as a basis for prosecuting a violation of paragraph (a). Failure to comply with paragraph (b) is a Class 2 felony when the crash does not result in death, and a Class 1 felony when the crash results in death. Paragraph (e) requires the Secretary of State to revoke the driving privilege of a person convicted of a violation of the section. The source is P.A. 102-982, effective July 1, 2023. The section does not add a civil damages amount because the driver left the scene.

Bodily-Injury Coverage

Section 143a(1) uses the words persons insured thereunder. It includes a hit-and-run motor vehicle in that bodily-injury coverage. It does not say that every pedestrian is a named insured or a resident relative. The declarations and the policy state who is insured. The section 7-203 figures are liability minimums of $25,000 for one person, $50,000 for two or more persons, and $20,000 for property damage. They are not a measure of a particular pedestrian’s damages. 735 ILCS 5/13-202 is two years next after accrual for the injury action that section describes.

What the Proof Can Include

A police report, a photograph, a witness description, and camera footage can be part of the proof. None of those items decides who is a person insured under the policy, and none replaces the requirement that the person be legally entitled to recover damages because of bodily injury.

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Frequently Asked Questions

Can I still recover compensation if the hit-and-run driver is never found?

Section 143a(1) covers a person insured under the policy who is legally entitled to recover damages for bodily injury from the owner or operator of a hit-and-run motor vehicle. The policy states who is insured. The section does not say that every pedestrian is insured.

What should I do immediately after a pedestrian hit-and-run?

A police report, a witness description, and camera footage can be part of the proof. Section 11-401(a) is the driver’s duty to stop after a personal-injury or death crash. Those items do not decide the insured-person question in section 143a(1).

Does my auto insurance cover me as a pedestrian in a hit-and-run?

Section 143a(1) uses the words persons insured under the policy. The policy states who that person is. The section includes bodily injury caused by a hit-and-run motor vehicle. It does not state a separate pedestrian class.

Related Articles

Related local guides: Peoria pedestrian accident lawyer guide, and UM/UIM coverage guide.

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