How Do I Recover in a Personal Injury Suit from an Uninsured Driver?

 Posted on July 20, 2025 in Car Accidents

Getting into a car crash is stressful and scary enough, but discovering that the at-fault driver does not have insurance can make the situation even worse. Many injury victims worry they will be stuck with medical bills, lost wages, and property damage costs without any way to recover compensation. If an uninsured driver caused an accident that left you injured, speak with a qualified DuPage County, IL personal injury lawyer to review your options for pursuing compensation.

Can I File a Lawsuit Directly Against an Uninsured Driver?

You can sue an uninsured driver personally, but collecting compensation in such cases may be challenging. Most uninsured drivers do not have the financial resources to pay for your damages, even if you win your case in court. A judgment may not result in meaningful recovery if the driver is unemployed, underinsured in other areas, or lacks sufficient assets.

Because of this, most personal injury lawyers first explore other sources of compensation before advising you to sue an uninsured driver directly.

What If I Have Uninsured Motorist (UM) Coverage?

Uninsured motorist (UM) coverage is often your best option for recovering the money you need. Illinois law requires all auto insurance policies to include UM coverage with minimum limits of $25,000 per person and $50,000 per accident, unless the policyholder has explicitly rejected higher limits in writing.

If you are injured in a crash caused by an uninsured driver, you can file a UM claim with your own insurance company. This type of claim works similarly to a claim against another driver’s insurance. You must still prove liability and provide evidence of your damages, such as:

• Medical bills and treatment records

• Lost income due to missed work

• Pain and suffering or reduced quality of life

Your insurance company does not automatically side with you just because you are the policyholder. It may still challenge your version of events or the extent of your injuries. A personal injury attorney will help you get the evidence you need and negotiate with your insurer on your behalf.

What Happens If the Insurance Company Refuses to Pay Uninsured Driver Claims?

If your UM claim is denied or undervalued, you have the right to dispute the decision. This may involve arbitration, which is a common method of resolving uninsured motorist claims in Illinois. In some cases, your attorney may file a lawsuit against your insurer for breach of contract or bad faith.

Since your insurance company is now an adverse party in the case, having a skilled lawyer on your side is especially important. At trial or arbitration, your attorney can present a strong case to secure a fair result, whether that means a negotiated settlement or a court award.

Contact a Des Plaines, IL Uninsured Driver Injury Lawyer

If you were hurt in a crash with an uninsured driver, contact a DuPage County, IL personal injury attorney at Grauer & Kriegel, LLC to discuss your options. We offer free consultations and are ready to fight aggressively on your behalf, even if that means taking your case to trial. Call 847-240-9010 to get started.