What Happens If the At-Fault Party Doesn’t Have Car Insurance?

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After a motorcycle accident, what happens if the at-fault party doesn’t have insurance depends on your level of damages and the amount of insurance coverage you have. You could file a claim with your own insurance company and your uninsured motorist (UM) policy, which is automatically included as a part of your insurance, per the Illinois Secretary of State. Other coverage and personal injury protection from your insurance company may also be available if you elected to purchase it.

A Lawsuit Can Be a Path to Compensation

Alternatively, you could file a personal injury lawsuit against the at-fault party and pursue compensation from them in court. You generally have two years from the date of your motorcycle or car accident to file, per 735 ILCS 5/13-202.

A collision with an uninsured motorist could leave you carrying the burden of your hospital bills and motorcycle repair expenses. The good news is that a motorcycle accident lawyer from our firm could help you recover damages.

In this Article:

You Could Recover Compensation Through an Insurance Claim

One of the easiest ways to deal with the at-fault driver not having insurance is by filing a claim under your own insurance company. Depending on the policies you enrolled in, motorcycle or auto accident coverage could come from uninsured motorist (UM) or collision insurance. These insurance company policies differ from your liability insurance, which only protects you from claims other drivers bring against you.

UM coverage is designed for situations involving uninsured drivers, though it can also cover you in cases involving another kind of traffic accident like a hit and run accident. Filing this type of personal injury claim allows you to seek compensation from your insurance company for bodily injury that you otherwise would receive from the at-fault party’s liability coverage, but only up to your policy limits. Meanwhile, collision coverage can cover damage to your vehicle.

Uninsured Motorist Coverage in Illinois

In Illinois, uninsured motorist coverage is required in the following minimum amounts in a motor vehicle insurance policy:

  • $25,000 for injury or death of one person in an accident.

  • $50,000 for injury or death of more than one person in an accident.

  • $20,000 for damage to property of another person.

If you are involved in a motorcycle accident with an uninsured or underinsured driver, it can be difficult to recover the compensation you need to cover your damages. However, there may be other options available to you. For example, some drivers carry liability insurance that is not required by law but is still higher than the minimum limits required by Illinois.

You Could Hold the At-Fault Party Accountable Through a Lawsuit

If insurance coverage is not an option for you, that does not mean you are entirely out of options. You could still have the right to pursue a civil lawsuit against the negligent other driver that caused your accident.

Proving Liability

Proving liability from an uninsured motorist collision you suffered injuries and damages from generally requires the same steps as any other type of accident. The challenge that arises in this situation is not obtaining a judgment in court, but collecting on that judgment afterward. When you win a verdict at trial, it serves as a formal order that the driver owes you a specific amount of money. Unfortunately, the judgment itself cannot compel the defendant to pay.

A Personal Injury Lawyer Can Help You Collect After a Judgement is Passed

In many cases, an uninsured motorist will not have the assets needed to satisfy your judgment. This is especially common with uninsured drivers who were unable to afford liability coverage. It can be possible to recover these judgments with the help of an attorney from our firm. Some options could include attempting to garnish wages or levy bank accounts.

Recoverable Damages in an Uninsured Motorcycle Accident Case

You may have multiple out-of-pocket damages as a result of your motorcycle accident. These can include both financial and non-financial damages, many of which may be recoverable through an uninsured motorist claim or lawsuit.

Possible Financial and Non-Financial Damages

You could receive coverage for the following:

  • Medical expenses. This includes the cost of riding in the ambulance, visiting a doctor, getting prescriptions filled, and other medical treatment received.

  • Lost wages and loss of earning capacity. You could recover compensation for any lost wages or harm to your future earning power due to your injuries.

  • Property damage expenses. Replacing or repairing a motorcycle can be costly. You could receive damages for your property damage, as well as compensation for alternative modes of transportation, like ridesharing services.

  • Pain and suffering. The physical and emotional anguish of being hurt in a collision can also qualify you for damages. The compensation you may receive will depend on the severity of your injuries, the cost of your economic damages, and whether you will have a long-term disability.

Other Recoverable Damages

Depending on the circumstances of the crash, you could be eligible to recover other types of damages not included on this list. Our team can help you explore your options.

Life-altering Effects of Injuries to Motorcyclists in Illinois

Motorcycle collisions can have major and long-lasting impacts that affect injured motorcyclists for the rest of their lives. If you are a motorcycle rider in Illinois, it is important to be aware of how serious motorcycle crashes can be and what types of damages you may be eligible to recover.

Your attorney from our firm can help you explore your options and fight for the compensation you deserve.

Common Motorcycle Accident Injuries

Some of the most common motorcycle accident injuries include:

  • traumatic brain injuries

  • spinal cord injuries

  • neck and back injuries

  • broken bones

  • road rash

These injuries can have a number of life-altering effects, including:

  • chronic pain

  • paralysis

  • disability

  • disfigurement

  • emotional distress

  • PTSD

Motorcycle Riders Are At Higher Risk

Motorcycle riders are also at a higher risk of death in a crash than occupants of other vehicles. In fact, motorcyclists are 29 times more likely to die in a collision than passengers in cars, according to the National Highway Traffic Safety Administration (NHTSA).

If you have been injured in a motorcycle accident, you may be facing a long road to recovery. You could also be dealing with significant financial burdens, like medical bills and lost income, especially if the other driver is uninsured. An experienced motorcycle accident attorney can help you seek the compensation you need to cover these damages and move on with your life.

Questions We Hear from Victims of Motorcycle Accidents

We often get asked questions like:

“What happens if I am involved in a motorcycle accident with an uninsured driver?”

“Can my attorney help me seek compensation for my motorcycle accident injuries, even if the other driver is uninsured?”

“How can I recover the compensation I need to cover medical bills and other damages after being involved in a motorcycle crash?”

“How can I ensure that I get the settlement I deserve after a motorcycle crash?”

During your free consultation, we will provide answers to these questions based on the specific circumstances of your wreck. While motorcycle crashes can be devastating, an experienced motorcycle accident lawyer from our firm is here to help you navigate the complexities of your case and fight for the compensation you need. Contact us today to learn more about what to expect if you are involved in a serious accident and the driver responsible doesn’t carry insurance.

Is the car driver always responsible for my motorcycle crash?

Whether or not a car driver is responsible for your motorcycle crash depends on the unique circumstances of your accident. For example, if the driver swerved into your motorcycle while they were distracted and you suffered severe injuries as a result, you could potentially file a claim against them for compensation.

There are plenty of accidents where the car driver is not responsible for your motorcycle wreck. For example, if another motorcycle rider cut you off and caused your accident, you may need to file a claim with your motorcycle insurance or pursue legal action against them in court.

No matter what the circumstances of your motorcycle accident, it is important to understand your rights and seek legal guidance from an experienced motorcycle accident attorney. At our firm, we have helped motorcycle accident victims get the financial recovery they deserve after a motorcycle crash.

Can I still recover if I’m partly responsible for the accident?

In Illinois, you can still recover compensation for your motorcycle accident injuries even if you are also a liable party to the motorcycle collision. This is because of something called “modified comparative fault.” Under this rule, your total award will be reduced by an amount that is equal to your percentage of fault for the accident. For example, if you are awarded $100,000 in damages and found to be 20% at fault for the accident, your payment will be reduced by $20,000.

Motorcycle accidents can be devastating, but with the help of an experienced motorcycle accident lawyer, you can get the compensation you need to cover medical bills and other damages. At our firm, we have successfully helped injured riders recover after a motorcycle crash. Don’t delay, call today for a free case evaluation and consultation.

Let an Attorney Help You Recover Compensation for Your Losses

Our team can explain what happens when the at-fault party in an car accident with a motorcyclist doesn’t have insurance and how this will affect your case. The Kryder Law Group, LLC has a successful track record of holding uninsured motorists accountable. To learn more, call for a free consultation as soon as possible.

What you Get in Your Free Consultation

Call today for a free consultation to discuss your options. During your call to discuss your motorcycle wreck, here is what you get:

  • Free motorcycle accident case review with an experienced motorcycle injury lawyer

  • Clear and honest feedback about your legal options

  • An assessment of what insurance may be available to you, even if the at-fault driver is an uninsured driver

  • Answers to all of your questions so that you can make informed decisions about your case

Don’t delay, call today. Motorcycle accidents happen every day in Illinois, we’re here to help.

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What Happens If the At-Fault Party Doesn’t Have Car Insurance?
Britt C.

Andrew Kryder went above and beyond to help me out with a case that I brought to him. He was prompt, attentive, and extremely thorough. It was a pleasure to work with him!

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