Uninsured Motorist Accidents in DuPage County

 Posted on April 18,2018 in Personal Injury

How often are you sharing the road in DuPage County with an uninsured motorist? According to a recent article in the Insurance Journal, approximately one out of every eight drivers does not have automobile insurance and thus is putting insured drivers at greater risk in the event of an auto accident. In some regions of the country, the percentage of uninsured motorists on the road is as high as 20 percent. This information comes from a recent study conducted by the Insurance Research Council (IRC) and the Hanover Insurance Group. What else should Lombard drivers know about the risks of auto accidents involving uninsured drivers?

High Costs of Auto Accidents with Uninsured Drivers

The number of uninsured drivers on the highways and streets of the U.S. has been on the rise in recent years, according to the IRC study. Between 2010 and 2015, the rate rose from 12.3 percent to 13 percent on average across the country. And these accidents are extremely costly in terms of financial burden, not to mention the physical and emotional one. The average cost of an uninsured motorist claim is approximately $20,000, and that excludes claims for property damage (or damage to the motor vehicle).

When a Lombard driver is involved in a motor vehicle collision with a negligent driver who is uninsured, the Lombard driver who is not responsible for the crash has no other option but to file a claim through his or her own auto insurance company. Yet in many cases, filing an insurance claim simply will not cover the losses. An injury victim may be able to file a negligence claim against the uninsured driver, but it may be difficult to collect compensation from that individual even if the injury victim obtains a judgment in his or her favor.

Understanding Illinois Law on Uninsured Motorist Claims

The IRC study notes that as high as 14 percent of the drivers on Illinois roads in 2015 were uninsured. What can you do when you are involved in a collision with a negligent uninsured driver? As we mentioned above, you may be able to file a negligence claim, or a personal injury lawsuit, through which you seek compensation from the injured party. To prove negligence, you typically will need to show:

• Uninsured driver had a duty to drive carefully;
• Uninsured driver breached the duty of care and was negligent on the road; and
• Breach of the duty of care resulted in your injuries.

There is also a relevant Illinois law to consider: the Illinois Safety and Financial Responsibility Law (625 ILCS 5/7-601). Under the law, all drivers are required to have a liability insurance policy. More specifically, the statute states that “no person shall operate, register, or maintain registration of . . . a motor vehicle designed to be used on a public highway in this State unless the motor vehicle is covered by a liability insurance policy.”

This law is applicable to any traffic collisions that lead to property damage of more than $500, as well as to any accident that results in personal injury or death. The injury victim must file a report with the Illinois Department of Transportation within 10 days from the date of the accident. If an uninsured driver is responsible, that person can be fined and can have his or her license suspended.

Seek Advice from a Lombard Car Accident Lawyer

Were you injured in an accident caused by an uninsured motorist? A passionate DuPage County car accident attorney can speak with you about your case. Contact Mevorah & Giglio Law Offices to get started on your case.

Sources:

https://www.insurancejournal.com/news/national/2018/03/15/483414.htm

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K7-601