Suing Your Own Insurance Company After a Catastrophic Car Crash

 Posted on July 30, 2026 in Car Accidents

After a catastrophic Illinois car crash, most injury claims begin with the driver who caused the accident. However, the at-fault driver may have no insurance or only a small policy that cannot come close to covering the damage. Illinois requires drivers to carry insurance, but the minimum coverage may simply not be enough.

A spinal cord injury, traumatic brain injury, amputation, or other permanent, catastrophic injury may cost millions of dollars in medical care and change many people’s lives forever.

In these cases, you may need to make a claim against your own insurance company. That does not mean you caused the accident. It means you paid for coverage designed to protect you when you need it.

If you were seriously injured on Lake Shore Drive, the Eisenhower Expressway, or another Chicago road in 2026, one of our Chicago personal injury lawyers can investigate whether your own insurance policy should pay for your losses.

When Can You File a Claim With Your Own Car Insurance Company?

Your own uninsured motorist coverage may apply when:

• The at-fault driver had no insurance
• You were injured in a hit-and-run crash
• The insurer covering the other vehicle denies coverage
• The vehicle was stolen or used without permission

Underinsured motorist coverage may also apply when the other driver has insurance, but the policy limit is lower than your underinsured motorist limit.

Take the example of a careless driver who only has $25,000 in bodily injury coverage. This is the minimum in Illinois. But the victim’s injuries are worth far more, and the victim’s own policy includes $500,000 in underinsured motorist coverage. After filing the claim against the responsible driver, the victim may be able to seek additional payment under their own policy.

An important note: Under 215 ILCS 5/143a-2, the amount that the victim’s underinsured motorist coverage pays can be reduced by what the at-fault driver’s insurance already paid.

Why Would My Own Insurance Company Fight My Claim?

Once you make an uninsured or underinsured motorist claim, the insurer will want to investigate:

• Who caused the crash
• Whether you were partly at fault
• Whether the policy covers the accident
• Whether your injuries were truly caused by the crash 
• The value of your medical care and future losses

Just because it’s your insurance company doesn't mean they won’t ask for proof. Typically, they’ll want medical records and they may want you to see a doctor they choose. You will probably have to give a recorded statement and provide information about your job if you claim lost wages.

Many people are surprised when their own insurance company tries to argue that they recovered from their injuries, could return to work, or do not need the future care recommended by their doctors. While it is true that your insurer owes you the responsibility of providing the coverage you pay for, it is still a business protecting its own financial interests.

Do You Have to Sue Your Insurance Company in Court?

Many insurance policies require uninsured or underinsured motorist disputes to go through arbitration rather than a normal jury trial. Some cases do end up getting litigated in court, however.

During arbitration, attorneys present evidence to an unbiased arbitrator. The arbitrator then decides issues such as fault and damages. The exact procedure depends on the policy and Illinois law.

Insurance policies may also contain strict deadlines for providing notice, submitting proof of loss, handling arbitration, or filing an action. In the past, courts have enforced these policy deadlines in uninsured and underinsured motorist cases. This means you may have significantly less time to file a claim than you normally would have under Illinois’ normal two-year statute of limitations.

You should not wait until the claim against the other driver is finished before reviewing your own policy. Your attorney may need to notify your insurer early and obtain its consent before accepting the at-fault driver’s policy limit.

Call a Chicago, IL Catastrophic Car Crash Attorney Today

After a life-changing crash, your own insurance company may become another party you have to fight. The Chicago catastrophic car crash lawyers at Tomasik Kotin Kasserman, LLC have more than 150 years of combined legal experience and our firm has the resources to investigate complex accidents and go after all available insurance coverage. We handle catastrophic injury cases on a contingency basis, which means you don’t pay unless we win.

Call 312-605-8800 today for a free consultation.