If the other driver does not have enough insurance to cover your injuries, you may have an underinsured motorist claim
In all states, there are minimum insurance limits in order to drive a car. In Illinois, the minimum insurance limits are $25,000 per person. If you are in an accident with a driver who carries the state minimum insurance limits, it means that no matter how serious your injuries, no matter how high your medical bills or lost wages, the most the at fault driver's insurance company has to pay is $25,000. Given the cost of medical care, many of our clients incur substantial bills which quickly approach the state minimum limits.
The importance of underinsured motorist coverage
If the other driver does not have enough insurance to cover your injuries, your insurance will cover the excess. Of course, you must have underinsured motorist limits greater than the person who caused the accident. If you also have the state minimum insurance, you will not have an underinsured motorist case. Your limits must be greater than the at fault driver. We always advise our clients to have higher insurance limits than are required by law. Usually, your underinsured motorist limits will be the same as your Liability Limits liability limits and your uninsured motorist limits.
The important legal requirements for an underinsured motorist claim
There are many legal and technical requirements to present an underinsured motorist case. If you have a potential underinsured motorist case, it likely means your injuries are more serious than a simple muscle strain or muscle sprain. It is advisable to have an experienced personal injury lawyer handle your case. There are too many pitfalls which can hurt your case. To speak to a lawyer familiar with underinsured motorist cases, contact McCready, Garica & Leet for a free consultation.