Skip to Content
Call or Text for a Free Consultation 309-673-0069
Call or Text for a FREE CONSULTATION 309-673-0069

UM/UIM Claims in Wrongful Death Cases in Illinois

Mon 23 Feb, 2026 / by / Uninsured / Underinsured Motorist Claims

UM/UIM Claims in Wrongful Death Cases in Illinois

When a fatal accident is caused by an uninsured or underinsured driver, the surviving family faces enormous financial losses on top of their grief — and the at-fault driver’s insurance is either nonexistent or woefully inadequate. The deceased’s own UM/UIM coverage may be the family’s primary source of meaningful compensation.

This article is part of our complete guide to UM/UIM claims in Illinois.

Who Can File a UM/UIM Claim After a Wrongful Death

Under the Illinois Wrongful Death Act (740 ILCS 180/), the personal representative of the deceased’s estate files the wrongful death lawsuit. The UM/UIM claim typically mirrors this — the estate or the personal representative makes the claim on the deceased’s auto policy.

The UM/UIM policy may also cover surviving passengers who were in the vehicle and sustained their own injuries. Each injured survivor may have an independent UM/UIM claim for their own damages.

Damages Available

UM/UIM claims in wrongful death cases can recover the same damages available in any wrongful death lawsuit: the family’s loss of financial support, loss of parental guidance and society, grief and mental suffering of surviving family members, and funeral and burial expenses. Under the Illinois Survival Act (755 ILCS 5/27-6), the estate can also recover for the deceased’s pain and suffering between the accident and death.

The total recovery is limited by the UM/UIM policy limits, which is why carrying high UM/UIM limits is so important. A wrongful death case involving a family breadwinner can easily involve damages exceeding $1 million — the state minimum $25,000 UM/UIM coverage would cover virtually nothing.

Multiple Policies and Stacking

In a fatal accident, every available UM/UIM policy should be identified: the deceased’s auto policy, any household family member’s policy, and any policy covering the vehicle the deceased was riding in. Stacking these policies may increase the total available coverage. In multi-vehicle households, stacking can multiply the effective UM/UIM limits.

Arbitration in Wrongful Death UM/UIM Claims

Like other UM/UIM disputes, wrongful death claims typically go through binding arbitration. These arbitrations involve higher stakes and more complex evidence — including expert testimony on future lost earnings, vocational analysis, and life care plans. Having an attorney experienced in both wrongful death litigation and UM/UIM arbitration is critical.

Frequently Asked Questions

Can a family file a UM/UIM claim after a loved one is killed by an uninsured driver?

Yes. The personal representative of the deceased’s estate can file a UM/UIM claim on the deceased’s auto policy. The claim covers wrongful death damages including loss of financial support, loss of society, grief, and funeral expenses.

What if the deceased did not have their own auto insurance?

The family may still have options. If the deceased was a passenger in someone else’s vehicle, that vehicle’s UM/UIM policy may apply. Household family members’ policies may also provide coverage. An attorney should review all potential sources.

Is there a time limit to file a UM/UIM wrongful death claim?

The Illinois wrongful death statute of limitations is two years from the date of death (740 ILCS 180/2). Your UM/UIM policy may have additional notice requirements that are even shorter. Contact an attorney promptly to preserve all deadlines.

Talk to a Peoria UM/UIM Attorney

Call (309) 672-9000 or contact us online for a free consultation. At Parker & Parker Attorneys at Law, we handle UM/UIM claims on a contingency fee basis — you pay nothing unless we recover compensation for you.

No family should have to face the aftermath of a wrongful death alone. Our our personal injury practice are here to help during this difficult time.

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

Related Articles

Categories