Illinois requires uninsured motorist coverage, but only if you choose it
Illinois law does not force you to buy uninsured motorist coverage. Instead, it gives you the right to turn it down in writing. If you do buy it—or if your insurer includes it by default—the law sets a floor for what that coverage must do: it pays your medical bills, lost wages, and pain and suffering when another driver causes a crash and has no insurance or not enough insurance to cover your damages.
The catch is that you have to prove the other driver was at fault, and you have to prove your damages. Uninsured motorist coverage does not pay if you were the one who caused the crash, and it does not pay if the other driver's identity is unknown (hit-and-run cases are an exception in some circumstances, but the rules are strict).
Illinois also has underinsured motorist coverage, which is different. That coverage kicks in when the other driver has insurance but not enough to cover what you are owed. The two coverages work together, and the state has specific rules about how much each must cover and how they stack.
Key Takeaways
- Illinois law lets you refuse uninsured motorist coverage in writing, but most insurers include it unless you opt out.
- Uninsured motorist coverage pays your medical expenses, lost income, and pain and suffering only if you prove the other driver was at fault and uninsured.
- The minimum coverage amount in Illinois is tied to your liability limits, and you can choose higher limits if you want more protection.
- Underinsured motorist coverage is separate and covers situations where the other driver has insurance but not enough to pay your full claim.
- You must report the crash to your insurer and cooperate with their investigation for the claim to be valid.
How much uninsured motorist coverage Illinois requires
Illinois does not set a single mandatory dollar amount. Instead, the law ties your uninsured motorist limit to your bodily injury liability limit—the coverage that pays the other person if you cause a crash. If you carry $25,000 in liability coverage, your uninsured motorist coverage must be at least $25,000. If you carry $100,000, your uninsured motorist must be at least $100,000.
You can choose to carry higher uninsured motorist limits than your liability limits. Many people do, because the other driver's lack of insurance is not your fault, and your own coverage should protect you fully. Your insurer will quote you the cost of higher limits when you buy or renew your policy.
The law also requires that your uninsured motorist coverage include both bodily injury and property damage protection. Bodily injury covers medical bills and other personal injury damages. Property damage covers harm to your vehicle or other property.
When uninsured motorist coverage pays and when it does not
Uninsured motorist coverage pays when all of these are true: another driver caused the crash, that driver had no insurance or the insurance they had was not enough to cover your damages, you were injured or your property was damaged, and you can prove the other driver was at fault. The burden of proof is on you, not on your insurer.
The coverage does not pay if you caused the crash yourself, even if you were underinsured. It does not pay if you cannot identify the other driver (with narrow exceptions for hit-and-run cases where you reported the crash to police within 24 hours and have other evidence). It does not pay for punitive damages—damages meant to punish the other driver rather than compensate you.
Illinois law also says your uninsured motorist claim cannot exceed what you would have recovered from the other driver's liability insurance if they had carried it. In other words, your own coverage cannot pay you more than the other driver's liability would have paid.
The difference between uninsured and underinsured motorist coverage
Uninsured motorist coverage applies when the other driver has zero insurance. Underinsured motorist coverage applies when the other driver has insurance but the limits are too low to cover your full damages. In Illinois, these are two separate coverages with separate limits, though they work together in your claim.
If you are hit by an uninsured driver and your damages are $50,000, your uninsured motorist coverage pays up to your limit. If you are hit by a driver with $25,000 in liability insurance and your damages are $50,000, their liability insurance pays $25,000 and your underinsured motorist coverage pays the difference, up to your underinsured limit.
Illinois allows "stacking" in some cases, which means you can combine the uninsured and underinsured limits from multiple vehicles you own or multiple policies you hold. The rules for stacking are complex and depend on your specific situation, so it is worth asking your insurer whether stacking applies to you.
How to file an uninsured motorist claim in Illinois
Start by reporting the crash to your own insurance company as soon as possible. Give them the police report number, the other driver's information if you have it, photos of the damage, and the names and contact details of any witnesses. Do not admit fault or apologize for the crash, even if you think you might have been partly responsible.
Your insurer will assign a claims adjuster to investigate. The adjuster will review the police report, interview witnesses, inspect the damage, and gather medical records if you were injured. You will need to provide documentation of your damages: medical bills, receipts for repairs, pay stubs showing lost wages, and any other proof of what the crash cost you.
If the other driver is later found and has insurance, your insurer may pursue a subrogation claim against that driver's liability insurance to recover what they paid you. This does not affect your claim; it is your insurer's right to recover from the responsible party.
What happens if you refuse uninsured motorist coverage
Illinois law allows you to turn down uninsured motorist coverage, but you must do it in writing. Your insurer must give you the option to refuse, and they must document your refusal. If you refuse and then are hit by an uninsured driver, your own insurance will not cover your damages—you would have to sue the other driver directly, which is often difficult if they have no assets or income.
Refusing uninsured motorist coverage saves money on your premium, but the savings are usually small compared to the risk. Most insurance agents recommend keeping it, especially if you drive frequently or in areas with high rates of uninsured drivers.
If you have already refused the coverage and change your mind, you can add it back by contacting your insurer. There is no penalty for reinstating it, though your insurer may require a new process or underwriting review depending on how long it has been since you refused.
Disputes over uninsured motorist claims
If your insurer denies your uninsured motorist claim or offers less than you believe you are owed, you have the right to dispute the decision. Illinois law requires your insurer to provide a written explanation of the denial, including the specific reason and the policy language they relied on.
You can request a formal review of the denial, submit additional evidence, or file a complaint with the Illinois Department of Insurance if you believe your insurer acted unfairly. You also have the right to hire an attorney and pursue a lawsuit against your insurer if you cannot reach agreement. Many personal injury attorneys work on contingency, meaning they take a percentage of what you recover rather than charging an upfront fee.
Some policies include arbitration clauses, which require disputes to go to arbitration instead of court. Arbitration is usually faster and less formal than a lawsuit, but you give up the right to a jury trial.
Frequently Asked Questions
Do I have to carry uninsured motorist coverage in Illinois?
No. Illinois law lets you refuse it in writing. However, most insurers include it by default, and you must actively opt out. If you do not refuse it, you have the coverage whether you realize it or not.
What if the other driver was partly at fault too?
Illinois is a comparative fault state. If you were 20 percent at fault and the other driver was 80 percent at fault, your uninsured motorist coverage will pay 80 percent of your damages. If you were more than 50 percent at fault, you cannot recover anything.
Can I use uninsured motorist coverage if I was hit by a friend or family member?
Usually no. Most policies exclude coverage for crashes involving household members or people who live with you. The exclusion exists to prevent fraud, but it means you cannot claim against your own uninsured motorist coverage if a family member hits you.
How long do I have to file an uninsured motorist claim?
Illinois law gives you two years from the date of the crash to file a lawsuit. However, you should report the crash to your insurer when ready. Delays in reporting can give your insurer a reason to deny the claim.
What if the other driver was hit-and-run?
Uninsured motorist coverage can cover hit-and-run crashes, but only if you reported the crash to police within 24 hours and have corroborating evidence that another vehicle was involved. You cannot straightforward claim a hit-and-run without proof.