If you’re involved in a collision in Illinois without car insurance, the consequences can get serious—and they’ll be even worse if you’re found to be at fault. If you aren’t at fault, you can still collect damages, but you’ll also face the consequences of driving uninsured.
Let’s face it: The aftermath of a car accident is a headache for everyone involved. But it’s especially stressful if you don’t have insurance. Every state has different laws, so the penalties can get confusing.
Fortunately, the trustworthy car insurance
comparison app Jerry
is here to walk you through car accidents without insurance in Illinois. We’ll cover the options you have for claiming damages, the possible penalties you’ll face for driving uninsured, and help you find the cheapest Illinois car insurance
so you can avoid the hefty consequences! What to do if you’re in a car accident without insurance in Illinois and not at fault
In Illinois, not having car insurance when driving is against the law, and being in an accident without it will certainly make things more complicated—financially and legally. If you get into a car accident in Illinois and don’t have insurance, here’s what you’ll need to do.
First and foremost: Never leave the scene of the accident. Accidents are panic-inducing, so it may be your first instinct to get out of there as fast as you can, especially if you don’t have insurance—but that will lead to way more trouble.
Even if it wasn’t your fault, fleeing the scene in Illinois will be considered a hit-and-run, which could earn you up to a $2,500 fine and a one-year prison term, along with a one-year license suspension.
You must stay calm and remain at the site of the crash. If it’s safe and doable, move your vehicle to a location that isn’t blocking traffic, then make sure you and your passengers are safe and uninjured.
Call 9-1-1 or the non-emergency police number, depending on the circumstances, then exchange information (like your driver’s license number) with the other driver. Be sure to take photos of the scene to document any evidence of the accident—an essential step that may help prove that you weren’t at fault.
If you’re not at fault for the accident and the at-fault driver has insurance, you can still file a claim with their insurance company to pay for your vehicle repairs or medical bills following the crash. If the at-fault driver is also uninsured, you can file a personal injury lawsuit to collect both economic and non-economic damages, including repairs, medical bills, lost wages, decreased earning capacity, and pain and suffering.
Who decides fault in a car accident in Illinois?
If a police offer comes to the scene of the accident to investigate, their report may include a determination of fault—but this isn’t conclusive. While the police report will help decide fault, the insurance company makes the final call for who is at fault for the collision.
If you aren’t at fault but you’re uninsured, make sure to provide any evidence you have of the other driver's fault when you file a claim with their insurer. Photos can be a major help in proving your case.
Do you need to report a car accident in Illinois?
Not always. Every driver involved in an accident has to file a crash report within 10 days if the collision resulted in death, bodily injury, or more than $1,500 of property damage, unless you’re uninsured. That threshold drops to $500 of property damage for drivers without coverage.
If no one was injured and there’s less than $500 of damage, you’re good to go—but not literally! It’s still a crime to leave the scene of an accident.
It may not be required in all cases, but filing a crash report may still be helpful. It can be difficult to determine how expensive the damage comes out to be, and some types of car accident injuries aren’t evident until later.
What if you’re at fault?
If you are found to be at fault for the accident while driving uninsured, the outlook isn’t so great. Because Illinois is a modified comparative negligence state
, you’ll be financially responsible for your portion of the other driver’s damages if you are deemed 50% negligent for the accident. If you don’t have insurance, the not-at-fault driver can file a lawsuit against you to recover these damages—on top of the fines and penalties for driving without insurance. What if you’re hit by an uninsured driver in Illinois?
So what happens if you have insurance, but the other driver doesn’t? In this case, you’ll have a few options depending on the specific circumstances of your situation.
Your car insurance policy may cover your expenses, depending on your coverage limits. Illinois requires all drivers to have uninsured motorist coverage
and underinsured motorist coverage, also called UMC/UIM. These coverages take care of your medical bills if you’re in an accident with an uninsured driver—or one without sufficient bodily injury liability
to pay your total medical expenses. Illinois insurance companies also have to offer uninsured motorist property damage coverage (UMPD)—but it’s not required under the law. Depending on the limits you select, this type of coverage pays for a specific portion of your vehicle repairs if the at-fault driver is uninsured. Again, this coverage is only optional, but it’s a useful investment to make.
One more possible coverage that could handle your post-accident medical bills is medical payments (MedPay)
coverage—which is exactly what it sounds like. This coverage pays a pre-determined portion of your hospital bills through your car insurance instead of your health insurance. Your vehicle repairs can be covered through your collision coverage
if you have it. If you’re still left with unpaid-for expenses, you’ll have to pursue the uninsured driver directly for damages. Be warned, however, that this may be a lengthy and fruitless effort.
The Insurance Information Institute (III) reported that 11.8% of Illinois drivers lacked car insurance as of 2019, so there’s more than a 1 in 10 chance of getting in an accident with someone who is uninsured. That’s why it’s a wise idea to protect yourself with UIM and collision insurance.
Penalties for driving without insurance in Illinois
Even if you can collect damages after a not-at-fault accident without insurance, that doesn't mean you’re off the hook—because the penalties for not having insurance in Illinois are serious.
For your first and second offenses, you’ll be paying a fine of between $501 and $1,000—on top of a three-month license and/or registration suspension and a $100 reinstatement fee. This could bring your total up to $1,100 for driving uninsured.
After three or more offenses, you may also have to file an SR-22 certificate
with your insurance company. You'll also have to submit it to the Secretary of State every month for three years or longer. An SR-22 certificate acts as proof of financial responsibility, and it’s often required after serious driving violations. If you have to have an SR-22, you can expect to pay hefty insurance premiums.
Since you can’t turn back time to buy car insurance after an accident or appeal your charges, the only way to avoid these penalties is if you were covered at the time of the accident but weren’t carrying proof of insurance
on you. In this case, the court may adjust your penalties. MORE: The penalties for using fake proof of insurance
Minimum required car insurance in Illinois
To dodge all of these penalties, you’ll need to carry the state-mandated car insurance amounts for Illinois. Here’s what that includes:
$50,000 of bodily injury liability per accident
These limits may sound like a lot, but depending on how serious the accident is, these coverages may not take care of all of the associated costs. In fact, insurance experts suggest increasing your limits to $100,000 per person, $300,000 per accident for bodily injury liability, and $100,000 for property damage liability. Upping your limits doesn’t cost much extra, and they could go a long way in protecting you financially.
While Illinois doesn’t mandate drivers to carry collision coverage or comprehensive coverage
, they’re one of the only ways to make sure your car is protected. Comprehensive coverage protects your car in events like floods, tornadoes, or other freak accidents, so it could come in handy for Illinoisans—even if you drive an old car. MORE: How do driver violation points affect your insurance rates?
Driving without insurance can increase premiums
If you need another reason to convince you to carry minimum liability insurance, here’s a big one: getting caught driving without insurance
means you’ll have to even more for insurance afterward. That’s because violations or car accidents on your record will almost certainly elevate your rates, and they’ll stay that way as long as the points are on your record. How to find cheap car insurance in Illinois
If you’ve avoided getting Illinois car insurance up to now, today’s the day to get coverage. After all, the penalties for driving without it are too steep to ignore. If the cost of coverage is what’s stopping you from following the law, Jerry
is here to help you out. As a licensed broker and AI-powered comparison app, Jerry was created to help you find savings on car insurance no matter what you’re looking for. After you sign up, Jerry analyzes your profile and goes to work comparing rates from over 55 national companies—and you’ll get your cheapest options in just 45 seconds.
Ready to sign up for a new policy? Don’t stress about the paperwork; Jerry’s top-notch agents are there to handle it for you. With Jerry’s help, users save an average of $800+ a year on auto insurance! How’s that for peace of mind?
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