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What are my rights against an uninsured motorist?

Arlington Heights, IL |

A few days ago my vehicle was struck by a non licensed and uninsured motorist. The accident was not my fault, however I do not know what course of action I am legally able to take to make sure I lose the least amount of money in this deal. My car, from what I assume, will be considered a total loss.

Attorney Answers 3


Report the accident and make a police report.
Report this to your insurance carrier if you had uninsured motorist coverage.

Presumably, you've already done both of those things.

Now, make sure if you were injured to take photos of the vehicles involved and any obvious injuries and get medical treatment.

Consult an attorney to guide you through this process. It's a lot more complex than you may realize. Theoretically, if the other driver was uninsured you should be able to recoup most of your damages and also gain some recovery for any injuries.

Again, contact a lawyer before doing anything furher.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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Sorry to hear about your predicament.

Uninsured Drivers are a nuisance to us all.

The first thing you need to to is determine if you or anyone else in your vehicle was injured. If so have them seek medical treatment.

You then need to contact your insurance carrier and report the incident to them. Hopefully you have uninsured motorist coverage. If not the process gets more complicated.

Good Luck!

Sal Sheikh practices law in Illinois.This answer is provided solely for informational purposes only. You should always speak directly with a lawyer in your State. It is difficult to evaluate your legal problem without a consultation and review of all the facts and documents at issue. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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Your car was insured so you will get the fair market value from your own insurance. If you were injured, hire an attorney to represent you on an uninsured motorist claim. Good luck.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links:

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