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Home » Motorcycle Accident Lawyer » What Happens if the At-Fault Party Doesn’t Have Insurance?

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

A young couple looks at mounting bills.

After a motorcycle collision, 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 uninsured motorist (UM) policy, which is automatically included as a part of your insurance, per the Illinois Secretary of State. Other coverage from your insurer may also be available if you elected to purchase it.

Alternatively, you could file a lawsuit against the at-fault party and pursue compensation from them in court. You generally have two years from the date of your 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 an attorney from our firm could help you recover compensation.

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 policy. Depending on the policies you enrolled in, coverage could come from UM or collision insurance. These policies differ from your liability coverage, 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 a hit and run. Filing this type of claim allows you to seek compensation 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.

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 motorist that caused your accident.

Proving liability or damages from an uninsured motorist collision 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.

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 a claim or lawsuit. You could receive coverage for the following:

  • Healthcare expenses. This includes the cost of riding in the ambulance, visiting a doctor, and getting prescriptions filled.
  • 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.

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.

Let an Attorney Help You Recover Compensation for Your Losses

Our team can explain what happens when the at-fault party in an accident 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 at (312) 223-1700 as soon as possible.

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