Uninsured and Underinsured Motorist Claims in Illinois: Protecting Yourself
Sun 22 Feb, 2026 / by Robert Parker / Personal Injury
Uninsured and Underinsured Motorist Claims in Illinois: Protecting Yourself
Being injured in a car accident is bad enough, but discovering that the driver who caused your injuries has no insurance — or insurance limits far too low to cover your damages — can feel like a second blow. Unfortunately, this scenario is more common than many people realize. According to insurance industry data, a significant percentage of Illinois drivers are uninsured at any given time. Uninsured and underinsured motorist (UM/UIM) coverage exists precisely for these situations.
Understanding UM/UIM Coverage
Uninsured motorist (UM) coverage pays for your injuries when the at-fault driver has no liability insurance at all. Underinsured motorist (UIM) coverage kicks in when the at-fault driver’s insurance limits are insufficient to cover your damages. In Illinois, insurance companies are required to offer UM/UIM coverage as part of every auto policy, though policyholders can reject it in writing.
Illinois requires minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury. These minimums are inadequate for any serious injury. A single hospital stay can easily exceed $25,000, leaving accident victims with a significant coverage gap even when the at-fault driver is insured. This is where your own UIM coverage becomes essential.
Filing a UM/UIM Claim
A UM/UIM claim is filed with your own insurance company, but do not assume that your insurer will treat you any differently than the at-fault driver’s insurer would. Insurance companies are in the business of minimizing payouts, even to their own policyholders. Your insurer will investigate the claim, evaluate your injuries, and may dispute the extent of your damages just as aggressively as a third-party insurer would.
For underinsured motorist claims, you typically must first exhaust the at-fault driver’s liability limits before your UIM coverage applies. The UIM coverage then pays the difference between the at-fault driver’s limits and your UIM limits, up to the amount of your actual damages. For example, if the at-fault driver has $25,000 in coverage and you have $100,000 in UIM coverage, your UIM policy could provide up to $75,000 in additional compensation.
Hit-and-Run Accidents
UM coverage also applies in hit-and-run situations where the at-fault driver flees the scene and cannot be identified. Illinois law treats an unidentified driver as an uninsured driver for purposes of UM claims. However, there may be additional requirements, such as reporting the hit-and-run to police within a specified timeframe and demonstrating physical contact between the vehicles.
Stacking UM/UIM Coverage
If you have multiple vehicles on your policy, Illinois law may allow you to “stack” your UM/UIM coverage, meaning you can combine the coverage limits from each vehicle to increase your total available coverage. Whether stacking is available depends on the specific language of your policy. An experienced personal injury attorney can review your policy and determine whether stacking applies to your situation.
Protect Your Rights Against Your Own Insurer
Because UM/UIM claims are made against your own insurance company, many people hesitate to pursue them fully, worried about premium increases or policy cancellations. Illinois law prohibits insurers from raising rates or canceling policies solely because a policyholder filed a UM/UIM claim. You paid for this coverage, and you are entitled to the benefits it provides.
If you have been injured by an uninsured or underinsured driver in Central Illinois, contact Parker & Parker Attorneys in Peoria. We help accident victims navigate UM/UIM claims and ensure that insurance companies honor their coverage obligations.