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Hit-and-Run Accidents and Uninsured Motorist Coverage

When a driver hits you and flees the scene, you may feel like you have no recourse. You cannot sue a driver you cannot identify, and you cannot file a claim against an unknown person’s insurance policy. This is exactly the situation that uninsured motorist (UM) coverage was designed to address.

Under Illinois law, a hit-and-run driver is treated as an uninsured motorist for the purposes of UM coverage. This means your own auto insurance policy’s UM coverage can compensate you for injuries and damages caused by an unidentified driver who left the scene.

Requirements for a Hit-and-Run UM Claim in Illinois

Illinois imposes specific requirements for hit-and-run UM claims that differ from standard UM claims. Under 215 ILCS 5/143a-2, you must demonstrate that:

Physical contact occurred. Illinois generally requires proof that the unidentified vehicle made physical contact with your vehicle or your person. This contact requirement exists to prevent fraudulent claims. Debris thrown from another vehicle or a phantom vehicle that forces you off the road without touching your car may not satisfy this requirement, though exceptions exist.

You reported the accident promptly. You must report the hit-and-run to the police as soon as practicable. Delays in reporting can give your insurance company grounds to deny the claim. Call 911 from the scene if possible.

You cooperated with the investigation. You need to provide all available information about the fleeing vehicle, including any partial license plate numbers, vehicle description, direction of travel, and witness contact information.

The Physical Contact Requirement

The physical contact requirement is the most frequently litigated issue in hit-and-run UM claims. Some situations that raise questions include being forced off the road by a vehicle that never touched yours, being struck by debris that flew off another vehicle, or being hit by a vehicle that left paint transfer or other physical evidence.

Illinois courts have interpreted the contact requirement in various ways. If another driver’s actions caused your accident but there was no direct contact, talk to a Peoria personal injury lawyer about whether your claim may still qualify under the specific language of your policy.

What to Do After a Hit-and-Run

If a driver hits you and flees, take these steps immediately. Call 911 and report the accident. Note everything you can about the fleeing vehicle: color, make, model, license plate, direction of travel. Look for witnesses and get their contact information. Take photos of the scene, your vehicle damage, and any debris left behind. Seek medical attention, even if injuries seem minor at first.

Then contact your own insurance company to report the hit-and-run and initiate a UM claim. Be careful about providing recorded statements without first talking to an attorney—your insurer may look for reasons to minimize or deny the claim.

Compensation Available Through UM Coverage

Your UM coverage can compensate you for the same types of damages you would recover in a lawsuit against the at-fault driver, up to your policy limits. This includes medical expenses, lost wages, pain and suffering, and other losses resulting from the accident. If your UM limits are insufficient, stacking coverage from multiple vehicles may increase your available compensation.

At Parker & Parker, we help hit-and-run victims in Peoria and Central Illinois pursue every available source of recovery. Contact us for a free consultation about your hit-and-run UM 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

Can I file a UM claim if the other driver left the scene?

Yes. Under Illinois law, a hit-and-run driver is treated as an uninsured motorist. Your own UM coverage can compensate you for injuries and damages, subject to your policy limits and certain requirements like physical contact and prompt police reporting.

Does Illinois require physical contact for a hit-and-run UM claim?

Generally yes. Illinois usually requires that the unidentified vehicle made physical contact with your vehicle or person. However, the specific language of your policy and case law may provide exceptions in certain circumstances.

How soon do I need to report a hit-and-run to file a UM claim?

You should report the hit-and-run to police immediately or as soon as practicable. Delays in reporting can give your insurance company grounds to deny your UM claim. Call 911 from the scene whenever possible.

Dealing with injuries after a car crash can feel overwhelming. Our our Peoria personal injury team can guide you through every step of the legal process.

Need a lawyer? This article is part of our Peoria Car Accident Lawyer practice area. Call Parker & Parker at 309-673-0069 for a free consultation.

UM/UIM Claims for Hit-and-Run Accidents in Illinois