Illinois · Uninsured driver · Updated Oct 2026

Hit by an uninsured driver in Illinois: coverage, penalties and what to do

Your coverage, the penalties and how to claim your losses.

Short answer

Claim under your uninsured motorist coverage (required for injuries) and UMPD or collision coverage if you have them for car damage. Uninsured motorist bodily injury coverage of at least $25,000/$50,000 is required.

Uninsured motorist (UM) coverage
Required
Minimum liability
25/50/20
Insurance system
Fault (tort)

Uninsured motorist coverage in Illinois

Uninsured / underinsured motorist (UM/UIM)
Uninsured motorist bodily injury coverage of at least $25,000/$50,000 is required. Underinsured coverage is required if you buy UM limits above the minimum (215 ILCS 5/143a-2). Uninsured motorist property damage (UMPD) is optional; insurers must offer it with a deductible of no more than $250.
Liability minimum
25/50/20
Official text
Read the official text

Compare every state in the minimum insurance table.

If the other driver has no insurance in Illinois

  • Claim under your uninsured motorist coverage (required for injuries) and UMPD or collision coverage if you have them for car damage.
  • If any driver in the crash has no insurance, the police-reporting threshold drops to $500.

How fast an insurer must handle a claim in Illinois

  • An insurer must give you the forms needed to present a claim within 15 working days of your request (215 ILCS 5/143.23a).
  • For a property damage liability claim still unresolved after 60 days, the insurer must give you a reasonable written explanation of the delay (50 Ill. Adm. Code 919.80(b)(3)).
  • On your own policy, the insurer must contact you within 21 working days after it is notified of the loss.

Claiming from the uninsured driver in Illinois

Small claims limit for car damage in Illinois: $10,000 (Cook County Pro Se branch: up to $3,000). Illinois small claims guide on Small Claims Map

Step by step if an uninsured driver hits you in Illinois

  1. Report the crash to the police. Illinois State Police says each driver must file a crash report if the crash caused a death, an injury, or more than $1,500 of property damage when all drivers are insured ($500 if any driver has no insurance). Reporting a crash in Illinois and getting the police report
  2. Write down the other car's plate and get witness names.
  3. Claim under your uninsured motorist coverage; in Illinois it is required.
  4. If your coverage doesn't pay everything, sue the driver before the deadline: 5 years for property damage and 2 years for injury. Deadlines to sue in Illinois, with the calculator

Free help in Illinois

Questions about uninsured drivers in Illinois

Is uninsured motorist coverage required in Illinois?

Uninsured motorist bodily injury coverage of at least $25,000/$50,000 is required. Underinsured coverage is required if you buy UM limits above the minimum (215 ILCS 5/143a-2). Uninsured motorist property damage (UMPD) is optional; insurers must offer it with a deductible of no more than $250.

What can I do if an uninsured driver hits me in Illinois?

Claim under your uninsured motorist coverage (required for injuries) and UMPD or collision coverage if you have them for car damage. If any driver in the crash has no insurance, the police-reporting threshold drops to $500.

What is the minimum car insurance in Illinois?

25/50/20

How long do I have to sue an uninsured driver in Illinois?

5 years for property damage and 2 years for injury.

How fast must an insurer handle a car insurance claim in Illinois?

An insurer must give you the forms needed to present a claim within 15 working days of your request (215 ILCS 5/143.23a). For a property damage liability claim still unresolved after 60 days, the insurer must give you a reasonable written explanation of the delay (50 Ill. Adm. Code 919.80(b)(3)).

More for Illinois drivers

Nearby states

Sources

Last checked: Oct 24, 2026.