Illinois Supreme Court Decision May Affect Insurance in Hit-and-Run Accidents

 Posted on December 04, 2023 in Car Accidents

Chicago uninsured motorist coverage attorneyPeople who are injured in car accidents typically have options for addressing their damages, including the cost of medical treatment, property damage, lost income, and more. An injury victim can file an insurance claim under the policy of the driver who was at fault and receive compensation for their expenses and financial losses. However, people who are injured in hit-and-run accidents may struggle to receive the proper compensation. Fortunately, coverage may be available under a person's own auto insurance policy. While there are some cases where injury victims may struggle to receive the proper insurance coverage, a recent decision by the Illinois Supreme Court ensures that uninsured motorist coverage will be available to people injured in hit-and-run accidents.

In 2020, a teenage boy in Chicago was injured in a hit-and-run accident while riding a bicycle. His father filed a claim under his auto insurance policy seeking uninsured motorist coverage for an accident in which the at-fault driver could not be identified. The insurance company denied the claim, stating that because the boy was not in the father's vehicle at the time of the accident, coverage did not apply. The father took legal action to address this denial, and while a trial court initially dismissed the claim, an appellate court reversed this ruling. The Illinois Supreme Court reviewed the case and determined that uninsured motorist coverage should have applied in this situation. In its decision, the court stated that the purpose of uninsured motorist coverage is to put a person in the same position as they would have been in had the at-fault party had liability insurance. In cases where a driver strikes a person on a bicycle, their liability insurance policy would provide coverage, so uninsured motorist coverage will be available to victims in these situations. This ruling ensures that Illinois residents will be able to receive the proper insurance coverage, even if they are not in a vehicle at the time of an accident.

Contact Our Cook County Car Accident Attorneys

At Tomasik Kotin Kasserman, LLC, we work to help injury victims pursue compensation for damages suffered in car accidents and other situations. Our Chicago hit-and-run accident lawyers can determine whether uninsured motorist coverage will be available to a victim, and we can make sure they take the proper steps to maximize the amount they can receive. To learn how we can help with these types of cases, contact us today at 312-605-8800 and set up a free consultation.


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