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Even though Illinois and most other states require motorists to have insurance, a study conducted in 2011 showed that 13.8 per cent of drivers, or about one in seven, is uninsured nationally. This makes your chances of being involved with an uninsured motorist pretty high. Luckily, there are steps you can take in order to make sure the other driver, if he or she was at fault, will still pay your damages.
If the accident caused damage in excess of $500, personal injury to anyone involved, or even death, the Illinois Safety and Financial Responsibility Law requires you to file an accident report with the Illinois Department of Transportation within 10 days of the accident.
The uninsured motorist will have his license suspended if he is found to be at least 50 per cent at fault for the accident. In order for the uninsured motorist to reinstate his or her license, they must fill out an SR-22 insurance policy to show their proof of financial responsibility.
There are a few different agreements the drivers can come to under this policy. An installment policy is simply an agreement between the two parties that the uninsured motorist will pay back the damages caused, but not at once. A security deposit allows the driver with damages to file a civil suit in order to receive restitution. Another option is a Release, or Covenant Not to Sue—this is where the damaged party releases the uninsured motorist from any liability. If the uninsured motorist files for bankruptcy, he or she will either be released from liability or have the money deducted from their future wages, depending on what kind of bankruptcy was filed.
Being involved in a car accident with an uninsured driver is a complicated event. Having a qualified attorney work your case can help you receive compensation for damages or injuries that may have occurred. Our lawyers cover cases throughout most of Chicagoland, so contact us today to learn more through a free case evaluation.
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