Getting hit by a car can be terrifying, but it gets worse when the driver speeds up and fades into the distance. If you are a hit-and-run victim, worrying about your injuries and losses comes to mind. Fortunately, in Illinois, you may have a safety net that covers your damages.
Leveraging your uninsured motorist coverage
If the driver remains unidentified, you may seek refuge from your auto insurance policy’s uninsured motorist (UM) coverage. This covers your bodily injuries as a pedestrian if an uninsured or hit-and-run driver hits you. If you do not have one, you may be covered under a household relative’s policy.
While UM coverage offers assurance, Illinois law requires physical contact between you and the vehicle for a hit-and-run UM claim to be valid.
Holding the identified driver accountable
Filing a police report after the accident is critical because officers and investigators can identify the at-fault driver based on your statement. If they identify the motorist, you can file a personal injury lawsuit against them or claim against their liability insurance.
Navigating the legal landscape
If you are filing with your insurance company, they owe you a duty of good faith. However, filing a claim against the at-fault defendant’s insurance company can be complex. Their insurer may try to argue that you were partially at fault under Illinois’ modified comparative negligence rules to lower their payout. If a court finds that you are more than 50% at fault, you cannot recover compensation.
With your future and livelihood at stake, navigating the legal landscape of injury claims is a challenging task while you try to heal. Seeking legal counsel can help you move forward with your claim.