Getting In An Auto Accident Without Car Insurance Claims Against Uninsured Motorists Drivers

by Aya Musa, Illinois Auto Insurance Expert in Chicago

Many people mistakenly think that they are impeccably good drivers and that causing an accident is not going to happen to them. The major flaw of this assumption is that accidents are not something that are we plan for, and they are not just contingent on our own actions. No one, with a sound mind, plans on getting in a car accident. Automobile crashes are random happening and they happen because of lack of control on the situation. This lack of control could be the result of our own actions, negligent or deliberate actions of others, and uncontrollable  environment elements such as weather, traffic conditions, road conditions, mechanical conditions of the vehicles, etc.

Getting in An Auto Accident Without Car Insurance When You Are At Fault

If you do not have auto insurance and you get in a car accident the very first step you need to take is to get insurance.  There has been many instances of people getting in two accidents on the same day, and as much as it sounds strange, two accidents on the same day involving the same two parties at two different locations! Going to court without insurance does not bring any leniency from the judge.

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Settling the claim should be your primary task. Avoiding settlements with the other party may eventually lead to the suspension of your driving privileges.  Dodging other claimants may increase the amount of claim against you especially if the other party ends up hiring a lawyer. If the claim is small, try to offer a fair compensation plan after you immediately advise the other party that you are uninsured. This will help in the other party not exaggerating the claim, and in assuring them that you will make the payment. Regardless of how you will pay for the damages you caused, a settlement agreement signed by both you and the other party is very important. The agreement must also be notarized to become legal.

If you caused big damages with larger claims,  legal advice may become very important. Your lawyer may discuss settlement options with payment schedules. Payments may be small to fit your budget based on your income.

Reaching a settlement option is very important. Other than that, drivers who get in car accidents without insurance are taking great risk to suspend their driving privileges.

Getting in An Auto Accident Without Car Insurance When You Are Not At Fault

Here also, getting covered immediately is a top priority. The fact that you did not have auto insurance at the time of accident may not disqualify you from collecting payments for damages that the other drivers negligent actions caused you. Yes, you broke the law by operating an uninsured vehicle for which you will be required to file a certificate of financial responsibility or SR22 or else your license will be suspended, but you may stll be entitled to collect compensations for your bodily injury and property damages.

If the amount of claim is small you may need to offer the at fault driver to pay for your damages without the complications of lawsuits. If the other uninsured driver refuses to cooperate filing the accident report to the State of Illinois.  You can also file a small claim lawsuit. You can file a small claim lawsuit by visiting the courthouse and getting and completing the proper summons and complaint forms. Guidelines concerning required forms and ways of completing them are offered at the clerk of the courthouse. If the damages is over $500 or resulted in bodily insury claims. Illinois laws mandate all at-fault uninsured operators to pay for damages they cause to other motorists. If they do not pay the face the penalties of license plate and driver's license suspensions.

All reports must be sent to:

Illinois Department of Transportation
Accident Reports Section
3215 Executive Park Dr.
Springfield, IL 62766


Larger claims with uninsured motorists may require legal advice. It is always better that you consult with a lawyer when it comes to claims involving bodily injuries and big property damages.

posted on Wednesday, April 05, 2017