Uninsured Motorist Wrongful Death Illinois: 7 Key Facts

Last Updated: October 24, 2026

Uninsured/underinsured motorist coverage pays your damages when the at-fault driver lacks sufficient insurance. Illinois law allows UM/UIM claims in wrongful death cases to compensate surviving family members. 215 ILCS 5/143a(1) requires bodily-injury coverage for an uninsured or hit-and-run motor vehicle at the limits in 625 ILCS 5/7-203. 215 ILCS 5/143a-2 permits a written rejection only of additional uninsured-motorist coverage above those limits.

How Do UM/UIM Claims Work in Wrongful Death Cases in Illinois?

The deceased’s own UM/UIM coverage may be the family’s primary source of meaningful compensation when a fatal Illinois 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.

This article is part of Parker & Parker’s 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

In a wrongful death case, 740 ILCS 180/2 lets the personal representative bring the action for the exclusive benefit of the surviving spouse and next of kin. The jury may award fair and just compensation for the pecuniary injuries resulting from the death, including grief, sorrow, and mental suffering. 755 ILCS 5/27-6 provides that an action to recover damages for an injury to the person survives, except an action for slander or libel.

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.

Can You Stack UM/UIM Policies After a Wrongful Death?

Often, yes. In a fatal Illinois 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, which matters when the state minimum of $25,000 in UM/UIM coverage would cover virtually nothing against wrongful death damages that can exceed $1 million.

How Does UM/UIM Arbitration Work in a Wrongful Death Case?

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. In Illinois, the arbitration decides the same wrongful death damages a lawsuit would, loss of financial support, loss of society, grief, and funeral expenses, capped by the available policy limits. 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. 740 ILCS 180/2 lets the personal representative bring the action for the exclusive benefit of the surviving spouse and next of kin. The jury may award fair and just compensation for the pecuniary injuries resulting from the death, including grief, sorrow, and mental suffering. Whether a UM or UIM policy pays that loss depends on the policy. 215 ILCS 5/143a(1) requires bodily-injury coverage for an uninsured or hit-and-run motor vehicle at the limits in 625 ILCS 5/7-203.

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

The family may still have options in Illinois. 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, a policy on another vehicle in the deceased’s household, for example, may respond to the claim. An attorney should review all potential sources.

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

The periods in this answer for a wrongful-death action are separate from a policy period for a suit, an action, or an arbitration, and they are separate from a policy notice requirement. Section 2(d) of 740 ILCS 180/2 generally requires the wrongful-death action to be commenced within 2 years after the death. Subsection (e) allows 5 years after the death, or one year after the criminal case ends, when the death results from violent intentional conduct and the claim is against the person charged with one of the listed crimes. That longer period does not extend the time against any other person. A person under 18 who is entitled to recover may bring that action within 2 years after turning 18. A UM or UIM claim is a claim on the policy. The policy may require notice. It may also require a suit, an action, or an arbitration demand within a period the policy states. When a policy limits the period within which the insured may bring suit, 215 ILCS 5/143.1 tolls that period from the date proof of loss is filed, in the form the policy requires, until the date the claim is denied in whole or in part. Country Preferred Insurance Co. v. Whitehead, 2012 IL 113365, concerned one policy’s two-year-from-accident condition for a legally competent adult, and it preserved a distinction for a minor. The period in the policy, any tolling, and the claimant’s legal capacity have to be read for the claim at hand.

Talk to a Peoria UM/UIM Attorney

Call 309-673-0069 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 personal injury practice is 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.

More UM/UIM guides from Parker & Parker:

UM/UIM Claims in Wrongful Death Cases in Illinois