The answer is: Yes, uninsured motorist coverage can apply to pedestrian accidents—but with some important conditions and considerations. In this blog, we’ll break down how uninsured motorist coverage works, when it applies to pedestrians, and how to protect your rights if you’re ever involved in such an incident.

What Is Uninsured Motorist (UM) Coverage?

Uninsured motorist coverage is a type of auto insurance that protects you if you are injured in an accident caused by a driver who:

• Has no insurance
• Has insufficient coverage to compensate you fully (underinsured)
• Leaves the scene (hit-and-run)

UM coverage typically comes in two forms:

1. Uninsured Motorist Bodily Injury (UMBI): Covers medical expenses, lost wages, and pain and suffering for you and your passengers if injured by an uninsured driver.
2. Uninsured Motorist Property Damage (UMPD): Covers damage to your vehicle or property caused by an uninsured driver (note: not all states offer or require UMPD).

Illinois requires drivers to carry UM coverage and mandates that insurers offer it. Most drivers opt for it as an important layer of protection.

Can a Pedestrian Use Their Own UM Coverage?

Yes—if you are struck by a vehicle as a pedestrian, you may be able to use your own uninsured motorist coverage to cover your injuries, even though you were not in a car at the time of the accident. This surprises many people, but it’s a critical protection.

If you carry auto insurance that includes UM coverage, and you are injured by an uninsured or hit-and-run driver while walking, jogging, or standing near a roadway, your policy can step in to provide compensation.

This coverage generally applies whether the pedestrian is:

• Crossing the street at an intersection
• Walking in a crosswalk
• Standing on a sidewalk
• In a parking lot
• On the side of the road

In legal terms, as long as the pedestrian is a “covered person” under the policy, UM coverage is typically available—even though the injured person was not occupying a vehicle at the time.

How Uninsured Insurance Work in Illinois?

In Illinois, uninsured motorist bodily injury coverage is required by law for all motor vehicle insurance policies. The state mandates a minimum of $25,000 per person and $50,000 per accident in UM coverage. However, many drivers carry higher limits for added protection, as these limits do not cover medical bills from serious injuries.

Under Illinois law, if you’re a pedestrian and are hit by a driver who has no insurance or flees the scene, you can file a UM claim through your own auto insurance policy. If you don’t own a vehicle but live with a relative who does and you are listed as a covered individual on their policy, you may still be eligible for coverage.

What About Underinsured Motorist (UIM) Coverage?

Underinsured motorist coverage (UIM) is similar to UM, but it applies when the at-fault driver has insurance, just not enough to cover the full extent of your damages.

For example, if your medical expenses total $100,000 but the driver only carries the Illinois minimum of $25,000 in liability coverage, your UIM coverage may kick in to cover the remaining $75,000 (up to your policy limits).

As a pedestrian, if you’re injured by a driver with inadequate insurance, you can potentially access your UIM benefits just like UM benefits.

What If the Driver Flees the Scene?

Hit-and-run pedestrian accidents are tragically common, and victims often feel helpless when the at-fault driver can’t be identified. In these cases, uninsured motorist coverage is crucial. Most UM policies cover hit-and-run accidents, even when the driver is never found—as long as there is evidence that a vehicle was involved.

However, your insurance company may require:

• A police report of the incident
• Prompt notification of the accident
• Witness statements or surveillance footage

It’s important to report the accident to police and your insurer as soon as possible to protect your ability to file a claim.

How Do You File a UM Claim as a Pedestrian?

If you’ve been hit by an uninsured or unknown driver while walking, here’s what you should do:

1. Seek Immediate Medical Attention: Even if your injuries seem minor at first, get checked out. Injuries can worsen or become apparent later.
2. Call the Police: A police report is essential for documenting the accident and can help support your UM claim.
3. Gather Evidence: Take photos of the scene, your injuries, and any damage to property. Collect names and contact info of witnesses.
4. Notify Your Insurance Company Promptly: Let your insurer know about the incident right away. Delays can affect your ability to make a claim.
5. Consult an Experienced Naperville Car Accident Attorney: Insurance companies don’t always make the process easy. An Illinois pedestrian accident attorney can help ensure you get the full benefits you’re entitled to.

What Compensation Can You Recover After a Pedestrian Crash?

A UM claim for a pedestrian accident may include compensation for:

• Medical bills
• Rehabilitation costs
• Lost income or earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement

Each case is unique, and the amount of compensation depends on the nature and severity of your injuries, the available coverage limits, and the long-term impact on your life.

Common Challenges with UM Claims

Even though it’s your own insurance company, don’t assume they’ll pay out easily. Some common issues include:

• Coverage Denials: Insurers may argue the policy doesn’t apply, or that the incident wasn’t covered.
• Lowball Offers: Initial settlement offers may not fully reflect your damages.
• Disputes Over Fault: The insurer may try to argue you were partially or fully at fault.
• Delayed Payments: Some companies delay resolution to pressure you into settling for less.

This is why working with an experienced Naperville personal injury attorney can make a significant difference.

Don’t Assume You’re Not Covered as a Walker

Pedestrian accidents involving uninsured or hit-and-run drivers can leave victims feeling isolated and unsure of their rights. But if you carry uninsured motorist coverage, you may have a powerful tool at your disposal—even if you weren’t in your vehicle at the time.

If you or a loved one has been injured in a pedestrian accident, don’t navigate the legal and insurance maze alone. At John J. Malm & Associates, our experienced injury attorneys can help you understand your coverage, build a strong claim, and fight for the compensation you deserve.

“When a pedestrian is hit by an uninsured or reckless driver, the impact goes far beyond physical injury. That’s why uninsured motorist coverage exists—to protect victims when the responsible party cannot. We step in to protect their rights, hold wrongdoers accountable, and help families rebuild their lives with strength, dignity, and justice.” — Naperville uninsured accident attorney John J. Malm

Need Help After a Pedestrian Accident? Contact John J. Malm & Associates

At John J. Malm & Associates, our top-rated Illinois accident attorneys have over 90 years of combined experience handling personal injury and uninsured motorist claims throughout Illinois. Whether you were injured in Naperville, St. Charles, or anywhere in the Chicagoland area, we’re here to help you seek justice and financial recovery.

We are a premier personal injury law firm with offices conveniently located in Naperville and St. Charles, known for recovering millions of dollars on behalf of injured clients. Our team of six award-winning attorneys is committed to providing personal attention, aggressive representation, and compassionate support.

Call us today at 844-MALMLAW or submit a contact form on our website to schedule a free consultation.

What is an Arbitration Clause?

An arbitration clause is a provision in an insurance contract that mandates the resolution of disputes through arbitration. Arbitration is an alternative dispute resolution (ADR) process where an arbitrator, who is a neutral third party, hears both sides of the argument and makes a binding decision. This process is generally faster and less formal than going to court.

The Role of Arbitration Clauses in Uninsured Motorist Policies

In the context of uninsured motorist policies in Illinois, arbitration clauses are designed to streamline the resolution of disputes over UM claims. These disputes can arise over various issues, including:

• Determining Fault: Whether the uninsured driver was at fault for the accident and whether the plaintiff was comparatively negligent.
• Extent of Damages: The amount of compensation the policyholder is entitled to receive.
• Coverage Disputes: Whether the policy covers the specific circumstances of the accident.

Example of an Arbitration Clause

A typical arbitration clause in an Illinois uninsured motorist policy might look like this:

Arbitration Clause: In the event of any dispute between the policyholder and the insurance company regarding coverage, liability, or the amount of damages under the Uninsured Motorist Coverage, such dispute shall be resolved by binding arbitration.

The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA). Both parties agree to mutually select an arbitrator from the AAA’s panel of arbitrators. If the parties cannot agree on an arbitrator, the AAA shall appoint one.

The arbitration hearing shall take place within 90 days of the arbitration demand, unless otherwise agreed by the parties. Each party shall bear its own costs and expenses, including attorney’s fees, and shall equally share the costs of the arbitrator and the arbitration proceeding.

The arbitrator’s decision shall be final and binding on both parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The Benefits of Arbitration Clauses

1. Speed and Efficiency:
   • Quicker Resolution: Arbitration typically resolves disputes faster than traditional court litigation, allowing policyholders to receive compensation more quickly.
   • Less Formal: The process is less formal and more streamlined, which can reduce the stress and complexity associated with court proceedings.
2. Cost-Effectiveness:
   • Lower Costs: Arbitration can be less expensive than litigation, saving on attorney fees, court costs, and other related expenses.
   • Limited Discovery: The arbitration process often involves limited discovery compared to court cases, further reducing costs and time.
3. Expert Decision-Making:
   • Experienced Arbitrators: Arbitrators are often experts in insurance law and claims, providing informed and knowledgeable decisions.
   • Specialized Knowledge: Their expertise can lead to more accurate and fair outcomes based on the specifics of the insurance industry and UM claims.

The Challenges of Arbitration Clauses

1. Limited Appeal Rights:
   • Binding Decisions: Arbitration decisions are generally binding and offer limited grounds for appeal, which can be a disadvantage if the policyholder disagrees with the outcome.
   • Finality: The finality of the arbitration decision means that policyholders must accept the arbitrator’s ruling even if it is unfavorable.
2. Perceived Bias:
   • Choice of Arbitrator: There can be concerns about the impartiality of the arbitrator, especially if the selection process is influenced by the insurance company.
   • Imbalance of Power: Policyholders may feel at a disadvantage if the insurance company frequently participates in arbitration and has more experience with the process.
3. Costs:
   • Arbitrator Fees: While generally less expensive than litigation, arbitration still involves fees for the arbitrator, which can be significant.

Procedural Aspects of Arbitration in Illinois Uninsured Motorist Policies

1. Initiating Arbitration:
   • Demand for Arbitration: To initiate arbitration, the policyholder must typically submit a written demand for arbitration to the insurance company. This demand outlines the nature of the dispute and the desired resolution. The terms of how the demand should be made and the time period in which the demand must be made are typically outlined in the policyholder’s insurance policy.
   • Agreement to Arbitrate: Both parties must agree to arbitrate the dispute. If the insurance policy includes a mandatory arbitration clause, this agreement is generally presumed.
2. Selection of Arbitrator:
   • Mutual Selection: Both parties typically agree on a neutral arbitrator. If they cannot agree, the selection may be made by an arbitration service or through a court-appointed process.
   • Panel of Arbitrators: In some cases, a panel of three arbitrators may be used, with each party selecting one arbitrator and the third being mutually agreed upon or appointed by the two selected arbitrators.
3. Arbitration Hearing:
   • Presentation of Evidence: Both parties present their evidence and arguments during the arbitration hearing. This can include witness testimony, expert opinions, and documentary evidence.
   • Rules and Procedures: The arbitration process follows specific rules and procedures, which are typically less formal than court procedures but ensure a fair hearing.
4. Arbitration Award:
   • Decision: After the hearing, the arbitrator issues a written decision, known as an award, which outlines the findings and the resolution of the dispute.
   • Binding Nature: The arbitration award is binding on both parties, and compliance with the award is generally required by law.

Considerations for Car Insurance Policyholders

1. Reviewing the Policy:
   • Understanding the Clause: Policyholders should thoroughly review their UM policies to understand the arbitration clause, including the process and implications.
   • Seek Legal Advice: Consulting with an experienced attorney can provide clarity on the rights and obligations under the arbitration clause, including the process for demanding arbitration.
2. Preparing for Arbitration:
   • Gathering Evidence: Collecting all relevant evidence and documentation to support the claim is crucial for a successful arbitration outcome.
   • Expert Witnesses: Engaging expert witnesses, such as accident reconstruction specialists or medical experts, can strengthen the case.
3. Negotiation and Settlement:
   • Pre-Arbitration Settlement: Policyholders should consider the possibility of negotiating a settlement before proceeding to arbitration, which can save time and costs.

Arbitration clauses in Illinois uninsured motorist policies offer a streamlined and cost-effective alternative to litigation for resolving disputes. While there are benefits such as speed, efficiency, and expert decision-making, there are also challenges, including limited appeal rights and potential biases. Understanding the procedural aspects and preparing adequately for arbitration can help policyholders navigate this process effectively. For those facing UM disputes, consulting with an experienced personal injury attorney is essential to ensure their rights are protected and to achieve the best possible outcome.

Contact the Illinois Car Accident Attorneys at John J. Malm & Associates

If you or a loved one has been injured in a motor vehicle accident with an uninsured driver, contact the Naperville personal injury attorneys at John J. Malm & Associates to learn more about how you may be entitled to receive compensation for your injuries.