I Was Hit By An Uninsured Driver. Can I Still Receive Compensation?

 Posted on December 10, 2025 in Car Accidents

If you or a loved one are in a car accident involving an uninsured driver in 2026, you may be unsure of what to do next. How will you pay to fix your car? Are you responsible for your medical bills, even though someone else caused the crash? What if the other driver has no insurance and no money? 

The good news is that Illinois law gives you options for recovering compensation even when the at-fault driver has no insurance. Your own insurance may be the best source of compensation. Illinois law requires uninsured motorist bodily injury coverage in every auto liability policy. 

Your Cook County personal injury attorney with Barrington Injury Attorneys can help you get the compensation you deserve.

How Does Car Insurance Work When the At-Fault Driver Is Uninsured?

Typically, the insurance company of the driver who is at fault for a car accident is responsible for paying for any damage. Car insurance is mandatory in Illinois under 625 ILCS 5/7-601, but some people choose to drive without car insurance. Others forget to renew their policy or fall behind on payments and lose coverage. The Insurance Information Institute estimates that about 15 percent of drivers don’t have insurance.

If an uninsured or underinsured driver causes an accident, the people who are hurt may assume that they are on the hook for the accident costs. However, there are several options available to car accident victims.

Can You File a Claim With Your Own Car Insurance Company?

The most common way that people who have been hit by an uninsured or underinsured driver recover compensation is through their own insurance company. Uninsured motorist coverage must cover you up to $25,000 at minimum for bodily injury per person and $50,000 per accident. Your particular policy may offer more. 

The problem is that you may have far more than the minimum coverage amount in expenses. Your medical bills alone could exceed $25,000, especially if you suffered serious injuries. Add in lost wages and property damage, and your own insurance coverage may not be nearly enough.

Can You Sue an Uninsured Driver Directly After a Car Crash?

Another option is to sue the at-fault driver personally. However, if the driver does not have car insurance, it is unlikely that he or she has the money to pay a personal injury claim settlement or award.

Even if you win a judgment against an uninsured driver, collecting that money can be very hard. Before using this option, you should work with an attorney to find out whether the driver has any assets worth going after. They may own a home, savings accounts, or other property that could be used to pay for your injuries.

Who Else Can You Sue for a Car Accident Besides the Driver and Your Own Insurance?

Your attorney may be able to find other parties who could potentially be liable. For example:

• Dram shop liability: If the driver who hit you was drunk and had been overserved at a bar, restaurant, or club, then you may be able to hold the business liable under Illinois' Dram Shop Act (235 ILCS 5/6-21).

• Automaker or part maker: If the cause of the accident was a defective vehicle or auto part, the company that manufactured the defective product could be liable.

• Mechanic: If the other driver crashed because a vehicle part failed, the problem could be that a mechanic sent the driver home with an unsafe vehicle.

• Third driver: Your accident may have involved more than two drivers, even if only two vehicles crashed. A third driver could have forced the other driver into the accident by carelessly merging, for example.

Depending on the circumstances of your case, you could have more than one option for pursuing compensation.

What Should You Do After Being Hit by an Uninsured Driver?

Take the same steps you would after any car accident. Call the police and get an official accident report. Get immediate medical attention even if your injuries seem minor. Gather evidence at the scene including photos of vehicle damage, road conditions, and the other driver's information. Get contact information from any witnesses. 

Most importantly, tell your own insurance company about the accident and inform them that the other driver was uninsured. Do not give recorded statements to insurance adjusters or accept a  settlement without talking to an attorney. Even your own insurance company may try to reduce payouts on uninsured driver claims.

Contact a Barrington Car Accident Attorney

A Cook County car accident lawyer from Barrington Injury Attorneys can help you understand all of your options under Illinois law and choose the action with the best chance of success. Our legal team has decades of experience that they are prepared to use on your behalf. Call 224-900-HURT today and set up your free consultation.