Underinsured Motorist Claims in Illinois

Last Updated: October 28, 2026

A truck is underinsured under 215 ILCS 5/143a-2(4) when the sum of the applicable bodily-injury liability limits is less than the underinsured limits provided to the insured. The underinsured insurer’s limit of liability is its coverage limit, less the amounts actually recovered on that truck. Section 143a(1) bars adding a limit on another vehicle.

Why Truck Accidents Often Involve UIM Claims

Commercial truck accidents tend to cause catastrophic injuries due to the sheer size and weight difference between a semi-truck and a passenger vehicle. Medical bills from spinal cord injuries, traumatic brain injuries, multiple fractures, and internal organ damage can easily reach hundreds of thousands or even millions of dollars.

49 CFR 387.9 sets the minimum public-liability financial responsibility. For a for-hire carrier in interstate or foreign commerce with a gross vehicle weight rating of 10,001 pounds or more, hauling nonhazardous property, the minimum is $750,000. The listed bulk hazardous substances and explosives are $5,000,000. Oil, hazardous waste, and the other listed hazardous materials are $1,000,000. The schedule does not set the limit for every private carrier of ordinary freight. Those minimums do not decide whether the truck is underinsured. Section 143a-2(4) does.

When UIM Coverage Applies to Truck Accidents

Section 143a-2(4) looks at the sum of the bodily-injury liability limits applicable to the driver or other responsible person and to the vehicle. It compares that sum with the underinsured limits provided to the insured. It does not compare the truck’s limit with the size of the medical bills.

The underinsured insurer’s limit of liability is its coverage limit, less the amounts actually recovered under the liability policies on the underinsured vehicle.

Investigating Truck Accident Insurance Coverage

Truck accident insurance situations are more complex than typical car accident claims. Bodily-injury recovery is measured against the motor-carrier and driver liability limits that section 143a-2(4) counts, which may include more than one primary policy on the same operation. An umbrella or excess liability policy may add limits above primary coverage when its terms and underlying limits are satisfied. Cargo insurance generally covers freight loss or damage, not a crash victim’s bodily-injury damages. A freight broker or logistics company is not the default insurer for injury claims, though contracts and additional-insured endorsements can matter in a particular case.

Identifying applicable liability and excess coverage should precede a UIM claim. At Parker & Parker, personal injury lawyer Robert Parker works with investigators and insurance experts to trace applicable policies and evaluate recovery options.

Coordinating Multiple Sources of Recovery

Section 143a-2(7) allows a policy to deny underinsured payment until the bodily-injury liability limits on the underinsured vehicle are exhausted by judgment or settlement. A judgment or settlement for less than those limits does not by itself bar the underinsured claim. The amount available is the underinsured limit, less the amounts actually recovered on that vehicle.

Section 143a(1) bars aggregating the limit on one vehicle with a similar limit on another vehicle for bodily injury or death in one crash. A separate premium does not add those limits.

Protect Yourself Before an Accident Happens

The best time to prepare for a truck accident is before one happens. Review your auto insurance policy and make sure your UIM limits are as high as you can reasonably afford. If you have already been injured in a truck accident and believe the trucking company’s insurance may be insufficient, contact Parker & Parker for a free consultation. We handle serious accident cases throughout Central Illinois.

Injured? Get a Free Case Review.

Parker & Parker reviews personal injury claims for people in Peoria and across Central Illinois. Call 309-673-0069 or contact us online for a free consultation.

Frequently Asked Questions

Can I use my UIM coverage after a truck accident?

Only when the sum of the applicable bodily-injury liability limits is less than the underinsured limits provided to the insured. The insurer’s limit of liability is that underinsured limit, less the amounts actually recovered.

How much insurance do trucking companies carry?

49 CFR 387.9 states $750,000 for the described for-hire nonhazardous property carriage, $1,000,000 for oil, hazardous waste, and the other listed hazardous materials, and $5,000,000 for the listed bulk hazardous substances and explosives. It does not set one minimum for every private carrier.

What should I do if the trucking company’s insurance is not enough?

Contact a personal injury attorney who can investigate applicable bodily-injury and excess liability coverage, including the carrier’s primary limits and your own UIM coverage, before turning to underinsured benefits.

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.

Underinsured Motorist Claims After a Truck Accident in Illinois