The quick answer is sure you can. Your insurance policy has provisions that deal with the possibility that you or a family member driving your car will be hit by a driver with no insurance, or not enough insurance. Your insurance company, complying with Illinois state law covers you, as if you are making a claim against the other driver. It is then the right of your insurance company to try to get whatever money they pay to you in compensation back to them from the uninsured driver. Good luck to them. And that’s exactly why the State has made UM overage mandatory. It’s very hard and very frustrating trying to collect money personally from an uninsured driver!
Now, I said earlier that you CAN try to handle a claim yourself, but there are many complications, twists and turns that may make it much more advantageous for you have to an experience uninsured motorist attorney on your side. Without getting in to all the technicalities, every case is different, insurance companies have different claims procedures outlined in their policies, the process of arbitration, rather than third party suit has both procedural and time limits, and medical subrogation, if there is subrogation, varies from case to case. And finally, the insurance adjuster who is cooperative and friendly to you may not be making you an offer to settle that reflects the value of your claim. They know that.
Call me for a straightforward appraisal of the lay of the land. I’m happy to give you my opinion, based on thirty years of uninsured motorist, underinsured motorist and hit and run claim experience. Michael Mannis (312) 704-4300.