Uninsured & Underinsured Motorist Claims in Illinois (UM/UIM)
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Uninsured & Underinsured Motorist Claims in Illinois (UM/UIM)
If the driver who hit you has no insurance, not enough insurance, or fled the scene, you may still be able to recover compensation through your own auto policy. These are called uninsured motorist (UM) and underinsured motorist (UIM) claims.
Many people assume their insurance company will “take care of them,” but UM/UIM claims can turn into disputed cases. Your insurer may question fault, injury connection, treatment, or the value of the claim. This guide explains how UM/UIM works in Illinois and what you can do to protect your recovery.
What Is Uninsured Motorist (UM) Coverage in Illinois?
Uninsured motorist coverage is part of your own auto policy that can provide compensation when the at-fault driver has no insurance. In many situations, UM coverage can also apply when the at-fault driver cannot be identified (certain hit-and-run crashes) or when the at-fault driver’s insurer denies coverage.
UM claims often involve the same building blocks as a standard injury claim:
Liability: who caused the crash
Injury causation: whether your symptoms are connected to the crash
Damages: medical bills, lost wages, and the day-to-day impact of injury
Important: even though it is your insurer, the UM claim may be treated like a disputed case. That is why documentation and careful communication matter from the start.
What Is Underinsured Motorist (UIM) Coverage in Illinois?
Underinsured motorist coverage may apply when the at-fault driver has insurance, but the policy limits are too low to cover your losses. This is common in serious injury cases where medical bills, time off work, and long-term symptoms exceed minimum limits.
You typically pursue the at-fault driver’s policy first.
If your damages exceed those limits, you may pursue UIM benefits under your own policy.
Your recovery is generally capped by your own UIM limits, and the way the policy applies setoffs can be technical.
UIM claims can also include policy steps that do not exist in a normal claim. For example, insurers may focus on whether the at-fault limits were properly exhausted and whether special notice steps were followed before settlement. If UIM may be in play, be careful about signing releases or finalizing a settlement without understanding what your policy requires.
Hit-and-Run Crashes and UM Claims
If the other driver flees, the crash may qualify as an uninsured motorist claim. But timing is critical. Policies often require prompt reporting and documentation.
What to do after a hit-and-run
Call police immediately and get a report number
Gather witness names and contact information
Photograph vehicle damage, debris, and the scene
Seek medical care promptly (even if symptoms seem “minor” at first)
Notify your insurer carefully (avoid detailed recorded statements before you understand your injuries)
The best UM/UIM claims are built early, with clean timelines and clear proof. That does not mean you need to “build a case” instead of healing. It means you should avoid the common gaps insurers use to deny or reduce claims.
Get medical evaluation and follow-up care. Delays and big gaps can become a centerpiece defense argument.
Keep a simple symptom timeline: when pain started, how it changed, and what daily activities became harder.
Keep copies of everything: claim letters, emails, estimates, discharge instructions, referrals, and work notes.
Be careful with broad medical authorizations. Many carriers ask for fishing-expedition access.
Be cautious with recorded statements. If you are still in the early stages, it is easy to lock in wording that becomes harmful later.
If you have not already, start with the car accident hub for next steps and common questions:
Peoria Car Accident Lawyer .
What Matters in Records (Medical Proof and Documentation)
UM/UIM insurers often say they want “objective proof.” In real cases, strong claims usually have a combination of objective findings and consistent treatment. Here is what typically makes a difference:
1) A clear mechanism of injury
Mechanism means how the crash forces acted on your body. The early medical chart often records this, especially in emergency or urgent care notes. Helpful details include speed change, direction of impact, whether airbags deployed, and whether your head or body struck interior surfaces.
2) Early symptom documentation
Many crash symptoms are immediate. Some are delayed. Either way, the record should show when symptoms began and how they progressed. If pain worsened over days, say so to your provider. If sleep changed or headaches started later, document that too.
3) Exam findings that match the complaint
Insurers frequently argue “subjective pain only.” Strong charts often include exam findings such as reduced range of motion, muscle spasm, tenderness patterns, gait changes, or neurologic signs (numbness, weakness, reflex changes).
4) Imaging and diagnostics when appropriate
Not every injury shows up on imaging, especially soft-tissue injuries. But when imaging is ordered, it can add clarity. The key is that imaging results should be connected to symptoms and exam findings in the treating notes.
5) Therapy notes and functional impact
Physical therapy records can be powerful because they document function and progress over time. Notes about lifting limits, sitting tolerance, driving difficulty, and activity restrictions help explain the real-life impact.
6) Work notes and wage proof
Lost wages are often disputed. Work restriction notes, employer confirmations, and pay records help document both time missed and the reason for it.
If your injury involves brain or spinal symptoms, this practice page can help you understand what documentation often matters:
Brain and Spinal Cord Injury .
Common UM/UIM Mistakes to Avoid
UM/UIM claims often lose value because of avoidable mistakes, especially early.
Settling too early before treatment is complete or the long-term outcome is clear
Signing releases without understanding future medical risk or UIM policy steps
Giving recorded statements that lock in harmful phrasing about symptoms or fault
Large gaps in treatment or inconsistent symptom reporting
Failure to preserve evidence of liability and injury connection (photos, witnesses, report numbers)
Common Insurer Arguments (and How People Get Trapped)
UM/UIM carriers often take an adversarial stance, because the claim is being paid under your policy. Here are common themes and why they matter.
Low-impact argument
Carriers sometimes argue that minimal vehicle damage means minimal injury. Vehicle damage is not a medical test. The real issues are symptom timeline, exam findings, treatment consistency, and functional limits.
Prior condition argument
Many people have a prior back or neck issue. The key is what changed after the crash. A clean timeline can show new symptoms, increased severity, new limitations, and new treatment needs.
Gaps in care
Long gaps are often portrayed as proof you were fine. If there was a gap, the reason should be documented (no appointments available, transportation problems, work conflicts, cost barriers). Consistency matters more than perfection.
Comparative fault
Carriers may argue you were partly at fault to reduce value. That makes the police report, witness information, scene photos, and vehicle positioning evidence more important. If this is an issue, see:
Illinois Comparative Fault .
Recorded statements
Recorded statements can be used to create inconsistencies later, especially when you are still learning what injuries you have. Be polite, but be careful with details if you are not ready. Getting advice first is often wise.
What Affects UM/UIM Settlement Value?
The same core value drivers apply in UM/UIM cases as other injury claims, but insurers often scrutinize documentation more aggressively because they are paying under your policy.
Key UM/UIM value factors
Severity and duration of symptoms
Consistency of treatment (avoid large gaps)
Objective support where available (imaging, exam findings, neurologic signs)
Work impact (missed time, restrictions, reduced capacity)
Liability clarity (especially important in UM cases)
UM/UIM claims often take longer than standard third-party claims because they can involve:
review of policy terms and limits
additional documentation requirements
disputes over value and injury connection
arbitration or litigation steps depending on the policy
In many cases, the claim should not be valued until your medical picture is reasonably clear. Settling too early can leave future care costs on your shoulders.
UM coverage can apply when the at-fault driver has no insurance or cannot be identified in a qualifying hit-and-run. Your own policy may provide compensation for injuries caused by an uninsured driver.
What is underinsured motorist coverage?
UIM coverage can apply when the at-fault driver has insurance but not enough to cover your losses. Your UIM coverage may provide additional compensation above the at-fault driver’s policy limits, subject to your policy limits and terms.
Can I file a claim against my own insurance company?
Yes. UM/UIM claims are commonly made under your own auto policy. Even though it is your insurer, the company may dispute value, injury causation, or fault, so documentation and timing matter.
Do UM/UIM claims take longer than normal settlements?
Sometimes. UM/UIM claims can involve policy review, special notice steps, added documentation, and disputes over value or injury connection. Strong records and early action can reduce delays.
What should I do if the other driver flees the scene?
Many hit-and-run crashes qualify as uninsured motorist claims, but timing is critical. Report the crash immediately, obtain a police report, preserve evidence and witness information, and get medical evaluation promptly.
Where can I start for a full car accident overview?