EXPERIENCED PERSONAL INJURY ATTORNEYS
Naperville Uninsured Motorist Claims
Top DuPage County Car Accident Attorneys Explain Your Rights When the At-Fault Driver Has No Insurance
If you’ve been injured in a car accident in Naperville, DuPage County, or anywhere in Illinois, and the at-fault driver has no insurance, or worse, fled the scene, you may feel helpless and unsure where to turn. At John J. Malm & Associates, our experienced Naperville uninsured motorist lawyers understand how overwhelming these situations can be.
You did everything right. You carried auto insurance, drove responsibly, and followed the law.
But now you’re facing serious injuries, medical bills, and financial uncertainty because the other driver broke the rules and doesn’t even have insurance.
The good news: Illinois law protects you. If you live or drive in DuPage County, Illinois law requires that every auto insurance policy include Uninsured Motorist (UM) coverage. This coverage is designed to help victims like you recover compensation when the at-fault driver can’t or won’t pay.
What Is Uninsured Motorist (UM) Coverage?
Uninsured Motorist coverage is a type of auto insurance that protects you if you’re injured in a crash caused by a driver who:
- Has no valid auto insurance; or
- Leaves the scene of the accident and is never identified (a hit-and-run crash)
In Illinois, UM coverage is mandatory and included in every policy unless you reject it in writing. This coverage exists to provide you with the same financial protection you would have had if the other driver carried valid insurance.
Why Uninsured Motorist Coverage Matters
Many Naperville and DuPage County drivers believe they are fully protected after an accident, only to learn that the at-fault driver was uninsured or fled the scene.
Without UM coverage, you could be left financially responsible for:
- Medical expenses
- Lost wages and future income
- Pain and suffering
- Permanent disability or disfigurement
- Property damage (if you carry UM property coverage)
Uninsured motorist coverage is your safety net. It ensures you can recover compensation even when the at-fault driver cannot be held financially accountable.
How Uninsured Motorist Claims Work in Illinois
When you file an uninsured motorist claim, you are making a claim against your own auto insurance policy, but this is not a lawsuit against your insurance company.
You are simply asking them to honor the coverage you paid for.
Under Illinois law, insurers must offer UM coverage limits of at least $25,000 per person and $50,000 per accident. Many drivers wisely carry higher limits.
Common situations leading to a UM claim in Naperville and DuPage County include:
- Injuries caused by a driver with no insurance
- Hit-and-run crashes where the driver is never identified
- Accidents involving uninsured drivers while walking, biking, or riding as a passenger
Unfortunately, insurance companies often undervalue or delay UM claims. That’s why it’s essential to have an experienced Naperville uninsured motorist attorney protecting your rights.
Common Misconceptions About Uninsured Motorist Claims
Many clients initially hesitate to pursue a UM claim because they misunderstand how it works.
Some common misconceptions include:
“My Insurance Rates Will Go Up.”
False. Illinois law prohibits your insurance company from raising your rates because you filed a UM claim. You are not at fault for the crash, the uninsured driver is.
“It Feels Wrong to Go Against My Own Insurance.”
This is understandable but incorrect. You are not suing your insurance company. You are enforcing the protection you paid premiums for.
“I’m Not Sure I Qualify.”
If you were injured by an uninsured driver or in a hit-and-run crash in Naperville or DuPage County, you likely have the right to bring a UM claim.
Don’t leave money on the table. Your UM coverage is there to protect you. You have every right to use it.
How Our Naperville Uninsured Motorist Lawyers Can Help
At John J. Malm & Associates, we know how insurance companies evaluate and defend UM claims. Our team of experienced local car accident attorneys will:
- Thoroughly investigate your crash
- Gather the medical records and evidence needed to support your claim
- Calculate the full value of your damages
- Handle all communications with the insurance company
- Aggressively negotiate to get you fair compensation
- Take your case to arbitration or trial, if necessary
We don’t back down. We will fight to make sure your insurance company honors their obligations to you.
“We’ve helped countless Naperville and DuPage County clients recover millions of dollars through uninsured motorist claims. Too often, accident victims don’t realize they already have powerful protection under their own auto insurance policies. Our mission is to ensure that injured victims get the compensation they deserve and hold insurers accountable when an uninsured driver causes harm.” – John J. Malm, Naperville car accident attorney
Why Choose John J. Malm & Associates for Your Uninsured Motorist Claim?
At John J. Malm & Associates, we are proud to represent car accident victims in Naperville, DuPage County, and across Illinois. Our team of six award-winning injury attorneys brings more than 90 years of combined legal experience. We have successfully handled complex uninsured motorist claims and recovered over $100 million for our clients.
We have prevailed in both trial courts and Illinois appellate courts, ensuring our clients’ rights are protected at every level. We proudly serve clients from our offices in Naperville and St. Charles and represent injury victims throughout DuPage County and the greater Chicago area.
Frequently Asked Questions About Naperville Uninsured Motorist Claims
Q: Is uninsured motorist coverage required in Illinois?
A: Yes. Illinois law requires all auto insurance policies to include uninsured motorist bodily injury coverage in an amount equal to the state’s minimum liability limits. As of current law, the minimum required liability limits in Illinois are:
- $25,000 per person
- $50,000 per accident
Your UM coverage must be at least equal to those amounts, although many drivers carry higher limits.
Q: What should I do after a hit-and-run accident in Naperville?
A: If you are involved in a hit-and-run accident:
- Call 911 and request police and medical assistance.
- Ensure a police report is filed with the Naperville Police Department.
- Seek immediate medical evaluation.
- Notify your insurance carrier promptly.
- Consult an attorney before giving a recorded statement.
Prompt reporting is critical. Many UM policies require timely notice of hit-and-run crashes, and failure to comply can jeopardize your claim.
Q: Do I have to prove the other driver was at fault in a UM claim?
A: Yes. Even though you are filing with your own insurer, a UM claim still requires proof that:
- The uninsured driver was negligent;
- Their negligence caused the crash; and
- You sustained compensable damages.
Your insurance company effectively “steps into the shoes” of the uninsured driver and may contest liability, causation, or the extent of your injuries. These claims are adversarial, even though they are made under your own policy.
Q: Can my insurance company deny my uninsured motorist claim?
A: Yes. Despite being your insurer, the company has a financial incentive to minimize payouts. Common grounds for denial or dispute include:
- Allegations that the uninsured driver was not at fault
- Arguments that your injuries were pre-existing
- Disputes over medical necessity or treatment costs
- Late reporting of the crash
Many UM claims ultimately proceed to arbitration if a settlement cannot be reached.
Q: Will filing a UM claim raise my insurance rates?
A: Illinois law generally prohibits insurers from increasing your premium solely because you were not at fault in the accident. However, rating practices can vary depending on underwriting guidelines. It is advisable to review your policy and discuss concerns with counsel before filing.
Q: How long do I have to file an uninsured motorist claim in Illinois?
A: The standard statute of limitations for personal injury in Illinois is two years from the date of the crash. However, UM claims are governed by contract law (your insurance policy), and policies often contain shorter notice or arbitration deadlines. Failing to comply with policy timelines can bar recovery, even if the general statute of limitations has not expired.
Because these deadlines can be technical and strictly enforced, early legal evaluation is critical.
Q: What damages are recoverable in a Naperville UM claim?
A: If you were injured by an uninsured driver, you may be entitled to recover:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Disability or disfigurement
- Loss of normal life
The value of your claim depends on the severity of your injuries, available policy limits, and supporting documentation.
Q: Do uninsured motorist claims go to court?
A: Most UM claims do not go through traditional court litigation. Instead, disputes are commonly resolved through binding arbitration, as required by the policy language. Arbitration functions similarly to a private trial, where evidence is presented before neutral arbitrators who issue a binding decision.
Having experienced trial counsel is particularly important in arbitration, as the evidentiary presentation and advocacy closely resemble courtroom litigation.
Contact Our Naperville Uninsured Motorist Attorneys Today
If you’ve been injured in an accident caused by an uninsured driver or in a hit-and-run crash in Naperville or DuPage County, you are not powerless. Your uninsured motorist coverage is there to protect you and we are here to help you enforce it.
Call us today for a free consultation. Let us help you secure the compensation you deserve and move forward with confidence.