mannis-law

Who Is Liable for a Rideshare Accident in Illinois?

Mon, 12 Oct 2026 21:29:56 GMT

Who Is Liable for a Rideshare Accident in Illinois?

An Uber or Lyft accident can leave you facing medical bills, missed work, and uncertainty about where to turn. Whether you were riding as a passenger, driving another vehicle, walking, or bicycling, one question often comes first: Who is responsible for your injuries?

Liability for a rideshare accident in Illinois depends on how the collision happened and whose conduct contributed to it. The rideshare driver, another motorist, or multiple parties may share responsibility. Separately, the driver’s activity in the rideshare app can determine which insurance coverage applies.

At Mannis Injury Law , we help people injured in rideshare accidents throughout Chicago and Illinois understand their options and pursue compensation from the responsible parties.

Who Can Be Held Responsible for an Uber or Lyft Accident?

A rideshare vehicle’s involvement does not automatically establish fault. Determining liability requires examining the actions that caused the crash and the evidence supporting an injury claim.

The Uber or Lyft Driver

A rideshare driver may be liable when careless driving causes an accident. Examples include:

Looking at a phone instead of watching the road.
Speeding or driving too fast for conditions.
Making an unsafe lane change.
Failing to yield to a pedestrian or bicyclist.
Running a red light or stop sign.
Driving while fatigued or impaired.

For example, if a Lyft driver looks down at a ride notification and rear-ends another vehicle, that conduct may support a negligence claim. However, investigators still need to review the circumstances rather than assume fault based on the type of collision.

Another Driver

Sometimes another motorist causes the accident. If an Uber passenger is injured when another driver runs a red light and strikes the rideshare vehicle, the other driver may be responsible.

In that situation, a claim may involve the at-fault driver’s insurance. Other coverage may also require review, particularly if that driver has insufficient insurance.

More Than One Responsible Party

Some crashes involve several contributing actions. A rideshare driver might make an unsafe turn while another driver is speeding. Both drivers’ conduct may need to be examined.

Depending on the evidence, a case may also require investigating a vehicle defect or another party’s role in creating an unsafe condition. Identifying every potentially responsible party helps avoid overlooking a possible source of recovery.

Can Uber or Lyft Be Held Liable?

Insurance coverage associated with Uber or Lyft is different from establishing that the company itself is legally responsible.

A company-associated policy may cover a claim even when the driver’s negligence caused the crash. Whether the company can also be named as a liable party requires a separate evaluation of the facts and applicable law.

Illinois law expressly provides that its rideshare insurance requirements do not limit a transportation network company’s potential liability to the required insurance amount. That provision does not automatically establish company liability in every accident. An attorney must assess the legal basis for any claim against the company.

How Does the Driver’s App Status Affect Insurance Coverage?

A critical part of an Illinois rideshare accident claim is determining what the driver was doing in the app at the time of the collision.

The Driver Was Offline

When the driver is not logged into the rideshare app and is driving for personal reasons, the driver’s personal auto insurance generally becomes the starting point for evaluating coverage.

The Driver Was Online and Waiting for a Request

Illinois law requires liability coverage during this period of at least:

$50,000 for death or bodily injury per person.
$100,000 for death or bodily injury per incident.
$25,000 for property damage.

The law also requires company-maintained contingent coverage when the driver’s policy excludes coverage or does not provide the required limits.

The Driver Had Accepted a Ride

From ride acceptance through completion of the ride or app transaction, whichever occurs later, Illinois law requires $1 million in primary liability coverage for death, bodily injury, and property damage. This includes the trip to pick up the passenger.

These requirements do not guarantee a particular payment. Fault, covered losses, policy terms, and other circumstances still affect the claim.

What If You Were a Rideshare Passenger?

As an injured passenger, you may have a claim against the rideshare driver, another driver, or both, depending on who caused the collision.

You do not need to decide who was responsible before seeking legal guidance. When drivers or insurers give conflicting accounts, evidence can help clarify what happened.

Save your ride receipt, trip details, driver information, and any messages about the crash. Those records can help establish that you were on a booked ride and identify the relevant trip.

What Evidence Helps Establish Rideshare Accident Liability?

A strong claim connects the responsible party’s conduct to the collision and your injuries. Useful evidence may include:

Photographs of the vehicles, roadway, and scene.
Witness names and contact information.
Dashcam or nearby surveillance footage.
Police crash reports.
Rideshare trip records and app activity.
Medical records documenting your injuries and treatment.
Records of missed work and accident-related expenses.

Some evidence may become harder to obtain over time. Preserving your own records early gives your attorney a clearer starting point for investigating the claim.

Can You Recover Compensation If You Were Partly at Fault?

Illinois follows a modified comparative fault rule. In negligence cases, you are generally barred from recovering damages if your share of responsibility is more than 50% . If your responsibility is 50% or less, your damages are reduced by your percentage of fault.

For example, if your damages total $100,000 and you are found 20% responsible, your recovery would generally be reduced to $80,000. This is an illustration, not a prediction of a particular case’s value.

Disputes over fault can therefore affect both your ability to recover and the amount available.

How Long Do You Have to File a Rideshare Accident Lawsuit in Illinois?

Illinois generally provides a two-year deadline for personal injury lawsuits. The date a claim accrues and any exceptions can affect the calculation, and certain cases may involve different deadlines.

Reporting a crash to Uber, Lyft, or an insurer does not replace filing a lawsuit within the applicable time limit. Having an attorney review your situation promptly can help identify the deadline that applies to your claim.

Speak With a Chicago Rideshare Accident Attorney

Determining liability after an Uber or Lyft accident involves more than identifying the vehicles involved. It requires understanding how the crash happened, reviewing the driver’s app status, and evaluating the available insurance.

At Mannis Injury Law , we investigate rideshare accident claims, identify potentially responsible parties, and help injured people pursue compensation for medical expenses, lost income, pain and suffering, and other supported losses.

If you were injured in a rideshare accident in Chicago or elsewhere in Illinois, call 312-487-3757 or contact Mannis Injury Law to schedule a free consultation .

Motorcycle Safety Awareness: Shared Responsibility on the Road

Wed, 03 Jun 2026 22:13:23 GMT

May marks Motorcycle Safety Awareness Month, a nationwide effort to remind drivers and riders that safer roads rely on everyone working together. As spring temperatures rise, motorcycle traffic increases, bringing more interaction between bikes and larger vehicles. With that shift comes a greater need for caution, awareness, and mutual respect. These seasonal patterns are predictable, yet the dangers tied to motorcycle crashes remain significant and often life-changing.

Motorcycle accidents can result in severe physical injuries, high medical bills, and complicated legal processes. Personal injury claims, civil lawsuits, and even criminal investigations may follow. Understanding the most common risks and adjusting day‑to‑day habits can help both riders and motorists reduce crash rates and lower legal exposure.

The Heightened Risks Motorcyclists Face

Riding a motorcycle offers freedom and flexibility, but it also means less physical protection during a crash. Unlike drivers in passenger vehicles, motorcyclists do not have the benefit of a surrounding frame or safety restraints. Even relatively low‑speed impacts can lead to serious, long‑term injuries.

According to data reported by the National Highway Traffic Safety Administration, motorcyclists experience a far greater likelihood of injury or fatality than occupants in passenger cars. Many factors contribute to these accidents, including visibility issues, misjudged speed or distance, impaired driving, and drivers who fail to yield when required.

From a legal perspective, liability is often contested in motorcycle cases. Determining who contributed to the crash may involve examining traffic conditions, rider choices, and driver behavior. These cases become increasingly complex when injuries are severe or long‑lasting.

How Drivers Can Better Share the Road

Motorists play a crucial part in lowering motorcycle crash rates. Many collisions happen simply because a driver did not register the presence of a motorcycle or miscalculated how fast it was approaching.

The Insurance Institute for Highway Safety notes that left‑turn crashes remain one of the most common scenarios involving motorcycles. These typically occur when a driver turns left at an intersection in front of an oncoming rider. In many situations, the driver looked in that direction but did not perceive the motorcycle clearly.

Drivers can reduce risk by double‑checking blind spots before merging or switching lanes and by allowing more following distance behind motorcycles. Bikes can stop more quickly than cars, so additional space helps prevent rear‑end collisions. Extra attention is especially important at intersections, where many serious crashes occur. Staying alert, putting away distractions, and avoiding impairment are simple but effective ways to prevent tragedy.

When a crash does happen, a driver’s level of attention or recklessness may influence both civil liability and potential criminal consequences. Distracted driving, intoxication, and aggressive conduct are all factors that can significantly shape the legal aftermath.

Safety Tips Every Motorcyclist Should Follow

Motorcyclists must also account for unpredictable driver behavior and changing road conditions. Defensive riding and proper preparation are key elements of staying safe and reducing injury severity.

The Centers for Disease Control and Prevention highlights that helmets greatly reduce the risk of head trauma and death in motorcycle crashes. While gear cannot prevent a collision, it can have a major impact on medical outcomes and personal injury claims.

Riders can improve their safety by completing professional training courses, obtaining proper licensing, and regularly updating their skills. Wearing protective equipment—especially a DOT‑approved helmet—can significantly lower the chances of life‑altering injuries. Adding reflective materials to clothing and bikes increases visibility, a critical factor when drivers struggle to spot motorcycles.

Visibility remains one of the biggest challenges riders face. Heavy traffic, weather conditions, and intersections make motorcycles harder for drivers to see. Ensuring that headlights, taillights, and turn signals work properly—and adding reflective accents—helps riders stand out in a driver’s line of sight.

A simple but valuable habit is flashing the brake lights several times before coming to a full stop. This helps following drivers judge speed changes more accurately and reduces the likelihood of a rear‑end crash.

Speeding, riding while impaired, or operating a motorcycle without proper training can all increase crash risk and legal consequences. In the event of a severe collision, investigators may closely assess the rider’s conduct when determining fault.

Legal Responsibility After a Motorcycle Crash

A serious motorcycle accident often triggers more than medical treatment. Insurance disputes, civil lawsuits, and criminal inquiries may follow, depending on the circumstances.

The American Bar Association reports that motorcycle crash litigation frequently involves complex liability questions. When fault is unclear, evidence such as witness accounts, reconstruction reports, and footage from traffic cameras may play a major role in determining what happened.

After a major crash, investigators and attorneys may scrutinize factors such as distracted or impaired driving, reckless behavior, and compliance with traffic signals. Intersection‑related right‑of‑way issues are especially common points of dispute.

Because motorcycle injuries tend to be severe, these cases often receive heightened attention from insurers and, in some cases, prosecutors. Insurance companies may conduct aggressive investigations, while law enforcement may pursue charges if impairment or reckless conduct is suspected.

Taking steps to operate safely cannot eliminate all risks, but it can reduce the likelihood of major injuries, legal disputes, and long-term financial consequences.

Working Together to Make Roads Safer

Motorcycle Safety Awareness Month underscores the shared responsibility drivers and riders have in preventing accidents. Road safety improves when both groups stay alert, follow traffic laws, and show mutual respect.

Drivers should remain attentive, patient, and cautious around smaller vehicles, while motorcyclists benefit from defensive riding, proper gear, and commitment to visibility. Safe choices on both sides help prevent avoidable injuries and reduce the chances of facing criminal charges, lawsuits, or long-term complications after a crash.

If you or someone close to you has been involved in a motorcycle accident, understanding your legal rights is crucial. Having knowledgeable legal support can help you navigate personal injury claims, liability disputes, and related issues. Reach out to discuss your options and ensure your rights are protected.

How Evidence Helps Prove Distracted Driving in Chicago Crashes

Wed, 03 Jun 2026 22:11:25 GMT

Distracted driving remains a major cause of serious crashes, and proving it requires far more than suspicion. Attorneys rely on digital records, eyewitness accounts, and physical evidence to show exactly how a driver’s attention drifted in the moments before a collision. When these pieces are combined, they help create a clear picture of negligence and support a strong personal injury claim.

Because April is Distracted Driving Awareness Month, it’s a good time to understand how different forms of evidence work together to build a compelling case after an accident.

Digital Evidence: Tracking a Driver’s Device Activity

One of the most effective ways to show distraction is through data generated by the driver’s phone. Call logs, text timestamps, and app usage can help identify whether the person behind the wheel was interacting with their device at or near the moment of the collision. This information alone can provide strong indications of inattention, even without viewing message content.

Accessing this information can be difficult because carriers often delete records quickly and typically require a subpoena. When necessary, attorneys may also use forensic analysis to recover deleted files or review background activity such as GPS navigation, social media browsing, and messaging app interactions. These technical details help strengthen the timeline of distraction.

Social media and location activity can also become valuable evidence. In some cases, drivers post photos, update statuses, or check in during their commute. These actions leave behind timestamps and interaction patterns that show their focus was elsewhere. When paired with phone records, this digital trail helps illustrate how the driver’s actions contributed to the crash.

Eyewitness Testimony and Video: Direct Observations of Negligence

Witness accounts often play a major role in distracted driving cases. Other motorists, pedestrians, or passengers may have seen a driver looking down, holding a phone, or engaging in another distracting activity immediately before the collision. Their statements support digital findings and add important real-world context.

Sometimes witnesses observe behavior just after the crash, such as a driver admitting they were on their phone or a screen still lit on their lap. These details can significantly strengthen a claim by confirming distraction.

Video evidence from traffic cameras and dashcams is also extremely valuable. Footage may show a vehicle drifting lanes, failing to slow down, or a driver physically interacting with a device. Because these recordings are often overwritten quickly—sometimes within hours—swift action is essential to preserve them before they disappear.

Vehicle and Scene Evidence: Physical Signs of Inattention

Modern vehicles are equipped with Event Data Recorders (EDRs), often called “black boxes,” that store crucial information from seconds before impact. Speed, braking, steering, and throttle data help reveal whether the driver reacted to hazards. If the EDR shows no braking or evasive action, it may indicate that the driver didn’t see the danger in time, supporting the theory of distraction.

Traditional crash scene investigation remains just as important. Skid marks (or the absence of them), the way vehicles are damaged, and the placement of debris all help explain how the crash unfolded. For example, a stopped car hit from behind without any sign of braking strongly suggests that the at-fault driver wasn’t paying attention.

Accident reconstruction specialists can use this information to recreate the event and determine what actions could have prevented the collision if the driver had been fully focused.

Why Acting Quickly Is Critical

Although all of this evidence is powerful, much of it is extremely time-sensitive. Phone companies, social media platforms, and camera systems regularly delete old data. In some cases, valuable information may be gone within days. Subpoenas and preservation requests also cannot be submitted until a legal claim is formally underway.

Contacting a personal injury attorney right away is essential. A legal team can quickly send preservation letters, request phone and social media data, obtain surveillance or dashcam footage, secure EDR information, and examine the crash site. Any delay increases the risk that key evidence will be lost permanently, weakening the ability to prove distracted driving.

Taking the First Step Toward Recovery

Proving that distraction caused a crash requires prompt and detailed evidence collection. Whether the driver was texting, browsing social media, or using GPS, uncovering these facts can make the difference between uncertainty and a successful claim. Acting quickly helps protect your rights and allows a legal team to gather the information needed to show what truly happened.

If you believe distraction contributed to your accident, it’s important to seek legal guidance as soon as possible. Reaching out to an experienced personal injury attorney gives you the support needed to build a strong, evidence-based case and pursue the compensation you deserve.

Should You Consider Installing a Dash Cam?

Wed, 03 Jun 2026 22:09:25 GMT

Many drivers wonder whether adding a dash cam is worth the investment. These small devices can capture valuable footage during unexpected incidents, offering clear evidence when accounts differ or when no witnesses are present. While dash cams can help protect you after a crash, they also come with certain limitations to keep in mind. Understanding how they work and what they can and cannot do can help you decide whether they fit your needs.

This guide explains why dash cams are becoming more popular, how they operate in everyday driving, and the ways their footage may support insurance claims or legal matters. It also covers important drawbacks, privacy considerations, and how to determine if a dash cam is right for you.

Why More Drivers Are Turning to Dash Cams

Concerns about roadway safety have grown in recent years, leading to a rising interest in dash cams. As crash rates remain elevated compared to previous decades, disagreements about fault have become more frequent. In these moments, having an objective piece of evidence can significantly simplify the process.

Research supports this trend. A study featured in the Journal of Safety Research noted an 86% reduction in accident-related expenses when vehicles used dash cams combined with driver alerts. While that data was tied to specific circumstances, it highlights the impact that video documentation can have on reducing claims and clarifying events. For everyday drivers, this serves as a reminder that recorded footage may help settle disputes more effectively.

How Dash Cams Work During Your Daily Drive

Dash cams are compact cameras installed on the windshield or dashboard. Once your vehicle is turned on, they begin recording continuous footage of the road ahead, usually saving the clips to a memory card. Most devices use looping, meaning older video is erased automatically unless you actively save it.

Some models offer additional features beyond standard recording. Certain cameras can activate when they sense an impact or detect movement, giving you a chance to capture incidents even when the car is not running. More advanced versions may include rear-facing lenses, GPS tracking, night vision, or cloud backups. No matter the features, the main goal stays the same: to create an impartial record of what occurred.

How Video Footage Can Help After a Collision

One of the biggest advantages of a dash cam is its ability to show what happened before, during, and shortly after a crash. When the drivers involved have conflicting memories—or when no one else saw the accident—recorded video can help provide clarity.

Dash cams may capture critical details such as traffic signals, lane position, sudden braking, or other drivers’ actions. This information can be extremely helpful when trying to demonstrate that another motorist failed to yield, drifted into your lane, or acted recklessly. For insurance claims or legal discussions, this kind of objective evidence can reduce confusion and support your account of the crash.

Reducing the Risk of Fraud or False Claims

Although fraud is not common, staged crashes and false accusations do occur. In these situations, a dash cam can serve as a powerful layer of protection. Video footage may show that an impact was intentional or that a narrative does not align with what actually happened.

Having clear documentation makes it more difficult for misleading claims to hold up. While no device can prevent all forms of bad-faith behavior, a camera can help ensure that the real sequence of events is preserved.

Capturing Hit-and-Run Activity

Hit-and-run incidents are particularly frustrating because identifying the responsible driver can be challenging. Dash cam footage may record a license plate, vehicle model, or other key details that could help with an investigation.

Cameras equipped with parking mode offer even more protection. If they activate when movement or impact occurs, they may record incidents when the car is stopped, such as in parking lots or outside your home.

Key Limitations You Should Understand

Even with their benefits, dash cams are not always a perfect solution. They only capture what appears within their field of view, so anything happening outside that angle may not be recorded. Footage may also be unclear, blocked, or lost if it is overwritten before being saved.

It is also important to remember that dash cams do not favor one side. If the video shows you driving aggressively, speeding, or acting carelessly, that evidence could be used against you. The camera simply reflects the facts of what happened.

Legal and Privacy Issues to Consider

Before installing a dash cam, make sure you understand relevant laws. Some states regulate where devices can be mounted to avoid obstructing visibility. Placing a camera incorrectly could lead to a violation or create a safety hazard.

Privacy rules also matter. States with two-party consent laws may restrict recording audio inside your vehicle unless everyone present agrees. If you intend to keep footage for potential claims, you should also consider how it is stored and secured. Maintaining proper custody of the recordings is important if they are later used in an insurance claim or legal case.

Deciding Whether a Dash Cam Is Right for You

Choosing to install a dash cam depends on your driving patterns, comfort level, and what you hope to gain from the device. People who drive frequently, travel for work, or have previously dealt with disputed crashes may find that having documented evidence provides peace of mind.

Others may be hesitant because of privacy concerns, the upkeep required, or the possibility that video could expose their own mistakes. Understanding the pros and cons can help you decide what makes sense for your situation.

If you were recently involved in a crash and want to know how dash cam footage might affect your personal injury claim, professional guidance can be extremely helpful. Video can be powerful, but how it is handled may influence its impact. If you have questions, our team is here to assist you.

Spring Break Safety Tips: Simple Ways to Protect Yourself While Traveling

Wed, 03 Jun 2026 22:07:15 GMT

Spring Break Safety Tips: Simple Ways to Protect Yourself While Traveling

Spring break offers a welcome chance to unwind, explore somewhere new, and spend quality time with friends or family. Whether you're gearing up for a long road trip, catching a flight to a sunny destination, or planning a quiet week by the pool, keeping safety in mind can help you avoid unexpected setbacks.

As personal injury attorneys, we regularly hear from travelers who encounter accidents during spring break—many of which could have been prevented with a bit of preparation and awareness. To help you stay protected and focus on enjoying your time away, we’ve gathered some key reminders for staying safe throughout your trip.

Be Prepared When Hitting the Road

The roads tend to be busier during spring break, increasing the likelihood of traffic incidents. Long stretches of driving, late-night travel, and distracted behaviors often play a role in preventable accidents.

Before you leave, take a moment to map out your route and decide when you’ll stop for breaks. Fatigue behind the wheel can be just as dangerous as impaired driving, so rest is essential. If you’re traveling with others, plan to switch drivers periodically and avoid driving during late hours when drowsiness is more common.

It’s also a good idea to store your phone where you won’t be tempted to check it while driving. Even a quick glance at a message can divert your attention long enough to cause serious consequences.

Protect Yourself at Your Lodging

No matter where you stay—hotel, resort, or vacation rental—taking a few preventive steps can help keep you and your belongings safe.

Always lock doors and windows, whether you’re heading out or settling in for the night. Avoid sharing your room number with people you don’t know, and refrain from posting it on social media. Use the in-room safe for important items like passports, credit cards, and electronics.

If you have one, bringing a small door alarm can give you extra reassurance, especially when traveling alone. Also remember that property-related hazards—such as loose flooring, unsteady furniture, or poorly lit staircases—can cause injuries. If something happens, report it immediately to hotel staff or the property manager and write down the details while they’re still fresh.

Stay Alert Around Water

Spending time by the pool or at a beach is a spring break staple, but water activities require caution. Accidents can happen in an instant when someone isn’t paying attention.

When boating, jet skiing, paddleboarding, or enjoying similar activities, be sure to wear a life jacket. Alcohol and water don’t mix; a large percentage of water injuries involve drinking. If you're staying somewhere with a pool, make sure doors leading to the pool area remain locked when not in use. Families with young children should check that gates latch properly every time.

Before heading to the beach or venturing onto a lake, take a quick look at the weather forecast. Wind, waves, and currents can shift quickly, changing safe conditions into dangerous ones.

Stick With a Buddy or Stay Connected

Traveling with a group is usually safer, but even then, staying coordinated matters. Using a buddy system is an easy way to ensure no one wanders off alone—especially in crowded or unfamiliar areas.

Choose a designated meeting spot in case your group gets separated. If you're traveling solo, make sure someone at home knows your itinerary and check in with them regularly. Try to avoid walking alone at night, and trust your instincts. If something feels wrong, it’s okay to leave the situation.

Use Social Media Wisely

Sharing your adventures online can be fun, but posting in real time may alert others to the fact that your home is empty. This can unintentionally make you more vulnerable to theft.

A safer approach is to post your trip photos and updates once you’re back home. If you do decide to share while you're away, avoid tagging exact locations or revealing your travel schedule publicly. These small adjustments go a long way toward protecting your privacy and safety.

Know What to Do If You’re Injured

Even careful travelers can encounter unexpected accidents. If you get hurt on your trip, staying calm and taking a few key steps can help protect your health and your rights.

Document everything you can: write down how the incident happened, photograph the scene, and take pictures of your injuries. If there were witnesses, get their names and contact information. Always get medical attention, even if you feel fine at first—some injuries take time to fully develop.

If you believe someone else’s carelessness played a role in your injury, reach out to a personal injury lawyer as soon as possible. An attorney can walk you through your options, explain your rights, and help you pursue any compensation you may be entitled to.

Prepare Before You Head Out

A little pre-trip preparation can make a big difference. Create copies of your essential documents—such as your ID, emergency contacts, and travel insurance—and keep both digital and physical versions in safe places. If traveling internationally, familiarize yourself with local emergency numbers and locate the nearest U.S. embassy or consulate.

Travel insurance is also worth considering, especially for flights, international trips, or high-adventure activities. A solid policy can help cover situations like lost luggage, medical emergencies, canceled plans, or even legal assistance abroad.

Enjoy Spring Break—Just Stay Aware

Spring break should be about enjoying time away, relaxing, and creating memories. By taking simple precautions—planning your drive, securing your lodging, staying mindful around water, keeping connected, and being careful about what you share online—you give yourself the best chance at a safe and enjoyable getaway.

If something does go wrong, remember that help is available. A personal injury lawyer can answer your questions and guide you through the next steps. Wishing you a safe, fun, and memorable spring break!

What to Do If You’re Hit by an Uninsured Driver: A Fresh Guide to Protecting Yourself

Wed, 03 Jun 2026 22:04:38 GMT

Being involved in a car accident is difficult enough, but the situation becomes even more overwhelming when the other driver doesn’t have insurance. Even though most states require drivers to carry at least some form of liability coverage, many people still drive without it—leaving others to deal with the aftermath. While it can complicate the claims process, you still have several options to recover the compensation you need.

Immediate Steps to Take After the Accident

The actions you take right after the collision can make a significant difference in your ability to file a successful claim. Begin by checking yourself and others for injuries. If anyone is hurt, call emergency services immediately. Even if the damage appears minor, contact the police so an official accident report can be created. This documentation is essential when dealing with your insurance company.

Once everyone is safe and authorities are on the way, start gathering information. Get the uninsured driver’s contact details, take note of their vehicle information, and document the scene thoroughly. Photos of vehicle damage, roadway conditions, and injuries can help support your claim. After you’ve collected everything you can, reach out to your insurance provider as soon as possible to report what happened. Since most states rely on an at-fault system—meaning the driver responsible for the accident must cover damages—the investigation that follows will determine how costs are handled.

How Your Insurance Coverage Can Help

If the uninsured driver is found to be at fault, your own insurance may step in to fill the gaps. Many policies include uninsured or underinsured motorist coverage, which is designed specifically for this type of situation. This coverage can help pay for medical treatment, wage loss, and sometimes vehicle repairs when the person who caused the accident doesn’t have adequate—or any—insurance.

You may also have additional protections that apply regardless of who caused the crash. Collision coverage can help pay for damage to your vehicle, while personal injury protection (PIP) can cover medical bills and related expenses. These optional coverages can make the recovery process much smoother. However, if your policy doesn’t include these add-ons, your ability to receive compensation through your insurer may be more limited.

Considering Legal Action

In some situations, you may choose to pursue a lawsuit against the uninsured driver. Legal action can help you seek repayment for medical bills, repair costs, emotional distress, and other losses. This approach is most practical when the uninsured driver has financial assets that could satisfy a judgment or settlement. Without those assets, a lawsuit may not result in meaningful recovery.

This is where consulting a qualified car accident attorney can be especially helpful. An attorney can evaluate the details of your case, guide you through the legal process, and advise whether pursuing legal action is worthwhile. They can also help you gather evidence, communicate with insurers, and understand your rights under state law.

What to Do in a Hit-and-Run Accident

The process is similar if the situation involves a hit-and-run driver. Because the other motorist can’t be identified or located, uninsured motorist coverage typically applies. You’ll need to file a police report right away and notify your insurance carrier promptly to start the claims process. The more documentation you have, the easier it will be to support your claim.

Getting Support During a Difficult Process

Handling an accident with an uninsured or unknown driver is frustrating and often confusing. You don’t have to navigate it alone. Partnering with an attorney can help you make sense of your insurance options, negotiate with your insurer, and ensure your interests are protected. Understanding your coverage and responding quickly after the accident are essential steps toward minimizing financial stress and securing the compensation you’re entitled to.

While the situation may feel overwhelming, taking the right steps can help you regain control. By documenting everything carefully, relying on your insurance protections, and seeking legal guidance when needed, you can move forward with confidence and clarity.

Winter Driving Dangers: Essential Safety Tips for Drivers and Pedestrians

Wed, 03 Jun 2026 22:02:40 GMT

Understanding the Risks of Winter Travel

Winter weather creates unpredictable and often hazardous conditions for anyone on the road. Snow, ice, freezing rain, and early sunsets all contribute to an uptick in crashes during the colder months. Whether you’re behind the wheel or walking near traffic, recognizing how winter affects safety—and knowing your rights if an accident occurs—can make a meaningful difference.

Why Winter Roads Become More Hazardous

Data from the Federal Highway Administration shows just how dangerous winter can be: roughly one-quarter of all weather-related crashes take place on snowy, slushy, or icy pavement, and another 15% occur while snow is actively falling. Slippery roads reduce traction, limit visibility, and make it more difficult for drivers to steer or stop. These factors often lead to more severe collisions, especially when emergency responders face delays reaching crash sites.

Black ice is one of the most deceptive winter hazards. This thin, transparent layer forms most often overnight or early in the morning when temperatures drop. Even cautious or experienced drivers can lose control within moments after encountering it at normal driving speeds. Each year, icy surfaces contribute to over 150,000 crashes and cause more than 550 fatalities in the United States.

Shorter daylight hours also add to the danger. In many areas, it’s already dark by the time people commute home from work or school. Reduced visibility makes it harder for drivers to spot pedestrians, particularly when sidewalks are snowed in or when people wear dark-colored winter clothing. Nearly 80% of pedestrian deaths happen at night—a troubling statistic that becomes even more concerning during the winter months.

Frequent Driver Errors During Winter Weather

Many winter crashes stem from preventable mistakes. A common oversight involves failing to remove snow and ice from vehicles before driving. Accumulated snow can slide down and obstruct a driver’s view, or blow off and strike another car. Several states, such as New Jersey and Pennsylvania, have already implemented fines for not clearing vehicles properly.

Other common errors include driving too fast for road conditions, tailgating, and forgetting to turn on headlights during dim or snowy weather. Sharp turns or sudden braking can easily cause skidding—particularly on roads that haven’t been treated—which increases the chance of pileups.

Added Risks on Rural Roads and Around Large Trucks

Drivers in rural communities often deal with additional hazards. These roads are typically plowed or salted less frequently, making them more vulnerable to sudden patches of ice. Bridges and overpasses freeze first, and limited street lighting makes spotting dangers like stalled cars or icy stretches more difficult. When accidents happen in remote areas, emergency response times tend to be longer, which can worsen injuries.

Commercial truck drivers face even steeper challenges. Large trucks need much more time and distance to come to a full stop. On icy pavement, even gradual braking might not prevent a collision. Jackknife crashes—where a trailer swings outward and blocks multiple lanes—can happen with little warning and often result in multi-vehicle accidents. According to the Federal Highway Administration, more than 1,800 people lose their lives each year in winter-related road crashes, many involving large trucks.

A tragic illustration of these dangers was the 2021 Fort Worth pileup, which involved 130 vehicles during freezing weather. Six people died, and dozens were injured. Incidents like this emphasize how quickly winter conditions can lead to catastrophic outcomes.

How Distraction and Poor Visibility Increase Accident Risks

Winter driving already demands heightened awareness, but distractions make matters worse. Drivers might be adjusting the heater, scraping fog from windows, or setting GPS directions while moving. Meanwhile, pedestrians may struggle with heavy clothing, slippery sidewalks, or carrying belongings—all of which reduce attention.

Children walking to school during dark mornings are particularly vulnerable, especially when wearing clothing without reflective material. Older adults also face dangers such as reduced balance on icy surfaces and slower reaction times when crossing streets. When reduced visibility, slick pavement, and distraction intersect, the risk of serious injuries rises dramatically.

Tips for Staying Safe During Winter Travel

Drivers can minimize risk by taking a few thoughtful precautions. Always remove snow and ice from your entire vehicle—including the roof, hood, windows, and headlights—before driving. Reduce your speed and leave plenty of distance between vehicles to maintain better control. Use gentle, steady pressure when braking rather than slamming on the brakes. It’s also wise to keep an emergency kit in your car stocked with essentials like a blanket, flashlight, scraper, and sand or kitty litter to help create traction if your tires get stuck.

Pedestrians should also take steps to protect themselves. Wearing reflective gear or brightly colored clothing can make them more visible to drivers. Whenever possible, use designated crosswalks and avoid walking in the street, even when snow piles block sidewalks. Staying alert—especially when crossing intersections or walking near busy roads—can significantly reduce the likelihood of accidents.

Why Legal Support Matters After a Winter Accident

Even with precautions, winter crashes are sometimes unavoidable—and they often lead to complex injury claims. If you or someone you love is harmed in a winter accident, whether as a driver or pedestrian, speaking with a personal injury attorney can be crucial. A lawyer can help you navigate insurance challenges, evaluate the full extent of your damages, and pursue fair compensation for medical bills, lost wages, and emotional suffering.

If you’ve been injured in a winter-related accident, don’t hesitate to seek guidance. Reach out to our firm today to learn more about your rights and explore the options available to you.

Your Rights as a Rideshare Passenger in an Accident: What You Need to Know

Fri, 04 Oct 2024 13:30:00 GMT

With the rise of rideshare services like Uber and Lyft, more people are opting for the convenience they provide. However, the increasing number of rideshare users also brings a higher chance of being involved in a crash while you're a passenger. If this unfortunate event happens to you, it's important to know your rights and the steps to take to protect your health and legal interests.

Prioritize Safety and Seek Medical Attention Immediately

Your health is the top priority after an accident. If you are injured or feel any discomfort, seek medical attention right away, even if your injuries don’t seem severe at first. Some injuries might not be immediately apparent, and getting examined by a doctor as soon as possible can prevent complications later. Additionally, seeing a doctor immediately helps document your injuries, which can be crucial if you pursue a claim.

At Mannis Injury Law, we can help ensure you receive the necessary medical care, including assisting with doctors and specialists who understand accident-related injuries. We can also guide you through the process of obtaining compensation for medical expenses.

Call Emergency Services and Document the Scene

In any accident, it’s vital to contact emergency services. Calling 911 ensures that police arrive to assess the situation and file a report, which will be important for any insurance claims or legal proceedings. While the police report may not be admissible in court, it can serve as valuable leverage when dealing with insurance companies.

While at the scene, take photographs of the vehicles involved, visible injuries, and the surrounding road conditions. This documentation will be critical in any legal claim. It’s also important to gather the necessary information from the rideshare driver and any other parties involved, including their insurance details and contact information.

Report the Accident to Uber or Lyft

Rideshare companies have established procedures for reporting accidents, typically through their app. Be sure to report the incident as soon as possible and provide detailed information about what occurred. Lyft and Uber require this report to start their own investigation into the accident, which may impact how your case is handled.

Consult with a Personal Injury Attorney

Navigating the legal complexities of rideshare accidents can be challenging. With multiple parties involved—the rideshare company, the driver’s insurance, and potentially other drivers—you need expert legal guidance to protect your rights. At Mannis Injury Law, we have extensive experience handling Uber and Lyft accident cases, ensuring that our clients receive the compensation they deserve.

We can help with all aspects of your claim, from coordinating with medical professionals to dealing with the rideshare companies and their insurers. Our goal is to handle the legal burdens so you can focus on your recovery.

Contact Our Firm for Legal Assistance

If you've been injured in a rideshare accident, you don't have to go through the process alone. At Mannis Injury Law, we are here to offer advice, help you get the necessary medical care, and guide you through every step of the legal process. Contact us today to discuss your case and protect your rights.

Injured as a Passenger in an Uber or Lyft? Here’s What You Need to Know About Your Rights

Tue, 10 Sep 2024 12:30:00 GMT

As a passenger in an Uber or Lyft, you have rights and protections if you suffer an injury during a ride. These rideshare companies offer significant convenience, but accidents can happen. Understanding your rights and the steps you should take is critical to securing proper compensation for your injuries. Here’s a guide to help you navigate the process if you find yourself in this unfortunate situation.

You’re Protected as a Passenger

Both Uber and Lyft have insurance policies designed to protect passengers in the event of an accident. If the driver is at fault, their insurance or the rideshare company’s policy should cover medical expenses, lost wages, and more. As a passenger, your primary concern is your well-being, and you have a right to seek compensation for any injuries sustained.

Address Medical Concerns Immediately

One of the first and most important steps after an accident is addressing any medical concerns. Even if you feel fine, it’s crucial to get checked out by a healthcare professional. Injuries such as concussions, whiplash, or internal trauma may not be immediately apparent. If left untreated, they can lead to more severe complications. At Mannis Law, we can help guide you toward proper medical attention if you’re unsure where to turn.

Document Everything

If you’ve sustained injuries like bruises, cuts, or other visible damage, it’s essential to document them. Take clear photos of any visible injuries, keep track of your medical treatments, and record any conversations you have with the rideshare company or insurance representatives. This documentation will strengthen your case and ensure you receive the compensation you deserve.

You May Have a Case for Injury

If you’ve been injured in a rideshare accident, you may have grounds to file a personal injury claim. As a passenger, you are not at fault for the accident, which means you can seek compensation from the responsible party. Whether it’s the driver’s personal insurance or Uber or Lyft’s coverage, your rights as a passenger entitle you to pursue legal action to cover your medical bills, lost wages, and emotional distress.

Call Us for Legal Help

Navigating the complexities of rideshare accident claims can be overwhelming, but you don’t have to do it alone. At Mannis Law, we specialize in representing passengers injured in Uber and Lyft accidents. Our team will work to ensure you receive the compensation you’re entitled to and guide you through every step of the legal process.

Schedule a Consultation Today If you’ve been injured as a passenger in an Uber or Lyft accident, don’t wait. Schedule a consultation with us today to discuss your case and learn more about your legal rights. We're here to help you through your recovery and ensure justice is served.

Fire Trucks Outside My Apt Today!

Sat, 23 Jan 2021 18:52:00 GMT

The sirens could be heard from blocks away, and then about ten fire trucks, ambulances, and a hook and ladder truck came down my street and stopped, the firemen jumping out of their trucks, grabbing tanks, hoses, and axes, and headed inside to the loft building across the street. Quite a commotion that luckily was either very minor or a total false alarm. Ten minutes later, they started re-emerging, packed up, and were soon on their way. Phew!

But it made me think, what if there had been some disaster, to persons or property. You need to have renter’s insurance. Obviously, when you own a home or condo, insurance is required by the lender if you have a mortgage. But so many renters skip or skimp on renter’s insurance. Key components are coverage for your belongings and payment for medical bills if a guest is injured in your unit. It can happen—a trip and fall, a cooking mishap, who knows.

So make sure you have renter's insurance, with at least $10,000 in medical coverage and enough to replace anything of yours that could be lost due to fire, flood, or other calamities. False alarm this morning, but you never know.

Tough Call On Not Enough UM Insurance

Fri, 22 Jan 2021 18:54:00 GMT

My client called me a couple of months ago with bad news. She had been rear-ended by an uninsured driver. I told her that somewhere around 20% of all drivers on the road in Illinois are driving without insurance. Shocking. So my client, after being taken by ambulance to the ER, x-rayed and examined there, including a CT Scan because she had hit her head, then treatment and physical therapy by her doctor including an MRI because her shoulder pain wasn’t responding to treatment, called this morning, asking how the claim was coming along.

I’m glad that the injuries weren’t actually worse—it was a bad crash—but the bad news from the standpoint of her claim is that she has coverage for Uninsured Motorist accidents, but the limit is capped at $50,000. That’s less than her medical bills alone! Her case is easily “worth” over $100,000, but $50,000 is going to be the limit that she can receive. She didn’t have enough insurance, UM and UIM coverage specifically, at the time of the crash.

A real-life example of what I preach every day: You MUST have enough insurance to cover the unexpected things that can happen to you, your family, and passengers if you’re hit by a driver with no insurance or low insurance limits. It’s the most important coverage on your whole insurance policy. I’m happy to give you a free consultation on how much insurance is right and safe to have. No charge, just a good deed for you, just in case.

I Was Injured By An Uninsured Driver. What Can I Do About It?

Sun, 03 Jan 2021 18:59:00 GMT

In Illinois, when YOU have insurance, you are protecting yourself against the possibility that you’ll be hit and hurt by someone without insurance. That part of YOUR policy is called the Uninsured Motorist (or Family Protection) Coverage, and it allows you to collect compensation from your own insurance company for the injuries and damages caused by the person without insurance. After your company, like State Farm, Allstate, Geico, Progressive, or others, makes their payment to you, they have the right to go after the uninsured driver and try to get their money back. The important thing is that YOU don’t have to try to squeeze water (money) from a rock (uninsured driver).

State law in Illinois says that you MUST have $25,000 per person coverage—that’s the minimum—and that just isn’t enough. You need at least $100,000 per person. So many clients of mine, unfortunately in a crash, get taken by ambulance ($2,300) to the Emergency Room ($12,000 or more) for assessment and testing, then on to their doctor ($1,000 or more), and then Physical Therapy ($3,000 or more), lost time from work ($4,000 or more)… you get the picture. $25,000 isn’t nearly enough in coverage.

Call me for a friendly consult on the coverage you need, the best companies to buy from, and the worst ones—the ones you must avoid. I’d like to help you before the need arises.

Changes To Insurance Limits In Illinois For 2021? – Spoiler…. There Are None.

Sat, 02 Jan 2021 19:07:00 GMT

No changes in Illinois minimum coverage for 2021! That’s the headline and the bad news. Auto insurance is required for every vehicle in Illinois, and the state requires minimum coverage of $25,000 per person/$50,000 per vehicle for any injury crash. It isn’t enough! So what can you do about that, comply with Illinois State law and protect yourself and your family? The answer is to make sure YOU have enough insurance coverage to provide for most injury accidents you may unfortunately be involved in.

My recommendation is that you MUST have at least 100/300 coverage, meaning that if you’re hurt in a crash, you have up to $100,000 of coverage for medical bills, lost wages, pain, loss of your normal life, and other damages. I have handled numerous cases where there just wasn’t even close to enough insurance coverage to fully compensate my client. And I’m seeing more and more cars insured by the “better” companies with only those state minimum coverages. Don’t roll the dice; get the coverage you may need. Uninsured and Underinsured Motorist Coverage in the amounts of $100/300—that’s a starting place. Call me for a free consult, no obligation, current client or not. Be safe and be prepared for the unexpected.

I’ve Been Hurt In A Crash. Should I Wait To See A Doctor?

Sat, 02 Jan 2021 19:03:00 GMT

If you are hurt in a crash, it is crucial that you seek medical attention as soon as possible. First of all, assessing your injuries and getting the treatment you need is what’s best for you. This is obvious. Don’t make the mistake of “giving yourself some time” to heal if you’ve been hurt.

And second, if you have a legal claim to make for your injuries, the longer you wait, the more doubt the insurance company will push your way on whether you were hurt as badly as you claim, if you were hurt at all, and if you’re somehow not being honest about what happened to you as a result of the crash. How many times have I heard from an insurance claims adjuster, or even an insurance company lawyer at trial, long after a crash, “People who are hurt see their doctors; why didn’t Mr. So and So see a doctor for five days after the crash… He must not have been hurt!”

Don’t give them that argument. It’s crucial, health and case-wise, to seek medical treatment as quickly as possible after a crash that has hurt you. Crucial. Call me anytime for a no-cost advice consult. Michael Mannis (312) 704-4300.

What’s The Effect Of Covid Pandemic On Court And UM Claims?

Tue, 22 Dec 2020 19:10:00 GMT

The Covid pandemic has ravaged society, with effects on every level of everyday life. It has also affected court cases and uninsured motorist cases, though in different ways. For the most part, courts are shut down for in-person hearings, and jury trials have ground to a halt. None. And who knows when it will be safe to resume in-person jury trials.

But the surprising good news is that uninsured and underinsured motorist cases are actually moving faster in most cases. Cases are proceeding by Zoom or telephone process, and the meetings are easy to schedule, with the typically busy-in-court lawyers now working remotely or at least with freed-up schedules due to no court appearances.

I have handled both hearings for clients on UM and UIM claims on Zoom and have served as claimant’s arbitrator on Zoom dozens of times in the past year. The UM and UIM claims are moving forward quickly and fairly in the time of Covid.

Can I Handle An Uninsured Motorist Injury Claim Myself?

Mon, 21 Dec 2020 19:14:00 GMT

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 from the uninsured driver. Good luck to them. And that’s exactly why the State has made UM coverage 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 to have an experienced uninsured motorist attorney on your side. Without getting into 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.

I’m Hurt And I Don’t Have Medical Insurance!

Fri, 18 Dec 2020 19:18:00 GMT

Medical insurance isn’t so streamlined in America. The latest statistics reveal that, even after the creation of the Affordable Care Act, there are millions and millions of people without health insurance. So what will you do for medical care if you’ve been in a car crash or otherwise hurt where it’s someone else’s fault?

If you’re hurt, regardless of having health insurance or not, you’ll be taken by ambulance to the ER and get the treatment and testing that you need. Thankfully, most ERs treat you first and worry about insurance later. Now, if you have health coverage, give them that information. If you do not have medical insurance, the hospital, upon learning that you have a claim to make, will file a “lien” with the other driver’s insurance company. A filed lien means that they’ll be contacted at the time of proposed settlement and receive payment, though not always in full, from the settlement.

But what about follow-up care, seeing a doctor, or getting physical therapy and other treatment? If you don’t have medical insurance and a health network to rely on, there are many doctors and clinics that will also perform the health care you need now and wait until your case is over to be paid. The fact that they can file a lien and know payment will come someday is crucial and so important to knowing you can get treatment now when you need it.

I have had clients who have waited, in severe pain or with disabilities, thinking they could not get medical care because they had no health coverage. That’s not the case, and I invite you, if that’s your situation, to give me a call and see if there are solutions for you. Consultation is always without charge, and no fee until and unless we collect money on your behalf.

Do I Have Enough Auto Insurance?

Thu, 17 Dec 2020 19:24:00 GMT

How much insurance do you really need? Well, the short answer is “the more, the better,” but it gets expensive, right? That said, my strong advice is that you need AT LEAST coverage of 100/300 to be “minimally adequately insured.” So what does 100/300 mean? It means that the maximum payment to you or anyone in your car injured in a car crash is capped at $100,000. And if someone is badly hurt, reaching $100,000 in damages doesn’t take very long.

The reason you need this much coverage is that you’re buying both liability coverage—protection for yourself in case you hurt someone—PLUS, you are buying coverage for YOURSELF, YOUR FAMILY, AND YOUR PASSENGERS in case you’re hit and injured by someone without enough insurance.

A typical ambulance transport costs over $2,000 these days, and I see ER bills over $10,000 just about every day. Then add in doctor visits, physical therapy, follow-up testing, time off from work, and pain and suffering, and you have a claim that often approaches or exceeds that $100,000 limit.

The State of Illinois provides for mandatory insurance and says that every policy must be at least $25,000 in coverage. It isn’t enough. The insurance companies love it, knowing that the maximum they’ll ever pay, no matter how serious a case, is $25,000. Even if your case is worth $63,000, they’ll only pay $25,000, leaving you short.

I talk to people every day, giving them advice on how much insurance to get, and which insurance companies to stay away from. Do it now, BEFORE you need it! Call me, Mike Mannis, at (312) 704-4300, and I’ll give you my best advice, no charge. It’s important.

Higher UM Limits For Illinois

Tue, 07 Nov 2017 18:47:00 GMT

Several years ago, the State of Illinois amended their statutes regarding minimum limits on automobile liability coverage. The minimum limit was raised from 20/40 to 25/50. Along with that raise in liability limits, the limits for uninsured motorist coverage were automatically raised to $25,000 per person/$50,000 per occurrence. That’s important, but it still isn’t enough.

When you select your limits for auto coverage, your UM coverage is the most important part of the policy. Go higher than $25,000—protect yourself and your family with $100,000 per person coverage. It’s not much more in premium, and you’ll be doing yourself a favor if you ever need to use it.

Your Uninsured Motorist Coverage Protects You On Your Bike

Mon, 23 Oct 2017 17:34:00 GMT

I recently settled a claim for a client who had been badly hurt when she was struck by a car while riding her bike. She was thrown to the sidewalk, landing on her shoulder and head, then spent three days in a suburban hospital. Concussion, memory loss, foggy thinking, closed head injury, and a shoulder injury. The driver who hit her was on his cell phone and he didn’t have any insurance. What my client didn’t know is that she was covered for the injuries she suffered through her own insurance, through her uninsured motorist coverage. Fortunately, she had decent insurance limits of $100,000 per person. (The state minimum and most prevalent coverage is only $25,000 per person.) Her own insurance company covered all of her medical bills, her lost wages from work, and a fair amount for her pain and suffering.

It’s so important to protect yourself and your family with adequate uninsured (and underinsured) motorist coverage. The state-allowed minimum limits just don’t cut it. Many ER bills after an accident exceed or come close to that minimum coverage. You need at least $100,000 of UM and UIM coverage, which is very inexpensive as an upgrade to your policy, to be close to covered in the event the unexpected occurs. That uninsured motorist coverage applies to you and your family members who live with you if you’re hurt in your own car, in the car of someone else, as a pedestrian, and as a bicyclist if you’re hit by a driver without insurance. It’s crucial that you have that UM and UIM coverage!

Protecting Subro Rights When Filing For Underinsured Motorist (UIM) Claim

Thu, 14 Sep 2017 13:30:00 GMT

A requirement under most Illinois insurance policies is that the possible subrogation rights of the UIM carrier must be protected, or waived by that carrier, before making a settlement on the underlying case. It is incumbent on you, as the lawyer, that you notify the third party carrier of an offer to settle the third party case and get explicit permission from your client’s UIM carrier to sign a release in favor of the tortfeasor. Your client’s carrier has the option to “match or waive” the amount offered; that is, they can ask that your client not sign a release, keep the claim open, but they must advance the amount offered by the third party carrier within thirty days of receiving your notice.

It is my experience that few carriers will ever advance that money, but they must be given the opportunity to do so. And then they can either waive it quickly, or by doing nothing for thirty days after receiving notice, you can consider it waived. You do not want to be in a situation to allege the tortfeasor was uncollectible after failing to give your UIM carrier their thirty days to “match or waive” their subro rights. The case of Progressive Direct Ins. Co. v. Jungkans holds that there must be prejudice to the carrier if their subro rights are not protected, but you do not want to find yourself litigating whether a tortfeasor is collectible after failing to protect those rights of the UIM carrier.

If you are unsure of the forms to use or requirements to initiate your UIM claim, call me, Michael Mannis, at 312-704-4300 for help. I serve as appointed arbitrator on many UM and UIM claims, represent many claimants on their UM and UIM claims, and I’m happy to help.