What Happens if the At-Fault Driver’s Insurance Does Not Cover Your Injuries in Illinois?

 Posted on October 09, 2026 in Car Accidents

After a serious car accident, the other driver’s insurance might not be enough to cover your medical bills and other losses. Even when the driver has insurance, a low coverage limit could leave you facing unpaid expenses.

Underinsured motorist coverage and other sources of payment could help close that gap. If you were injured in a car accident in 2026, a North Shore, IL car accident attorney will help you identify available coverage and pursue compensation.

Why Might the At-Fault Driver’s Insurance Be Insufficient After an Illinois Accident?

The driver’s policy limits set a ceiling on what their insurer will pay for a covered claim. Those limits do not increase because your injuries require surgery or a long recovery.

Illinois requires bodily injury liability coverage of at least $25,000 per person and $50,000 per accident. A driver carrying only the minimum coverage might have no more than $25,000 available for your injury claim, even if your losses are much higher.

The per-accident limit also affects crashes involving several injured people. For example, a $50,000 total limit must cover all eligible injury claims from that crash, subject to each person’s limit.

An offer below your losses does not always mean the policy limit has been reached. The insurer might instead dispute fault or the value of your claim.

How Does Underinsured Motorist Coverage Work in Illinois?

Underinsured motorist coverage, often called UIM, pays for covered injury losses when the responsible driver has less liability coverage than your applicable UIM limit. You make this claim through the insurer providing your UIM coverage.

Under 215 ILCS 5/143a-2, Illinois policies must include UIM coverage when uninsured motorist bodily injury limits exceed the state minimum. The UIM limit must equal those uninsured motorist limits.

How Much Does Illinois Underinsured Motorist Insurance Pay?

UIM coverage fills an eligible gap rather than adding its full limit to the other driver’s payment. The amount also remains limited by your covered losses and the policy’s terms.

For example, suppose your covered losses total $150,000. The at-fault driver’s insurer pays its $25,000 limit, and your applicable UIM limit is $100,000. In this instance, up to $75,000 would remain available through UIM, bringing the combined payment to $100,000. That would still leave $50,000 of your losses unpaid, for which you would need to seek out other methods of recovering compensation.

What Should You Do Before Accepting the Other Driver’s Insurance Settlement in Illinois?

Before accepting a settlement, check how it affects your UIM claim and any claims against other responsible parties. Signing a release ends the claims described in that document, even if your expenses later increase.

Before you sign:

• Notify your UIM insurer of the proposed settlement.
• Review the policy’s notice and settlement-consent requirements.
• Confirm who the release protects and which claims it ends.
• Account for future treatment and any repayment claims against the settlement.

Your UIM insurer has rights to pursue reimbursement from the responsible party. Settling without following the required process could jeopardize your coverage. Have the proposed release reviewed by an attorney before giving up those rights.

Are There Other Sources of Compensation After an Illinois Car Accident?

Other applicable insurance or another responsible party could provide additional payment. For example, an umbrella liability policy might cover losses above the driver’s auto policy. If the driver was working when the crash happened, an employer could bear responsibility when the legal requirements are met.

A crash involving several negligent drivers also warrants review of each driver’s coverage. You must establish each party’s responsibility. Their involvement in the crash alone does not make them liable.

Medical payments coverage through your auto policy can help pay covered medical expenses up to its limit. Health insurance also helps with treatment costs, subject to its terms.

Can You Sue the At-Fault Driver for Losses Beyond Their Insurance Limits in Illinois?

You can pursue the driver personally for injury losses beyond available insurance. Their policy limit does not place the same limit on their legal responsibility.

However, winning a judgment does not guarantee payment. The driver might lack assets or income available for collection. Before pursuing this route, your attorney will assess whether a lawsuit offers a practical way to recover the unpaid losses.

Contact a North Shore, IL Car Accident Lawyer

Insufficient insurance coverage should not end the search for compensation after a serious crash. At Gruzmark Law, Ltd., our attorneys will review the available policies and pursue claims against the parties responsible for your injuries.

For a free consultation, contact our Northbrook, IL personal injury attorneys or call 847-729-7660.

We speak Russian and Mongolian.