Hit-and-Run Accidents in Illinois: What Are Your Options?

So much for exchanging information. You don’t have a name, license plate, or any idea who’s driving that vehicle that’s rapidly disappearing into traffic. You’re left with a damaged vehicle, possible injuries, and a growing collection of questions. Apparently, some drivers think causing a crash comes with an optional second step: leaving the scene. Now this is where many drivers go astray. They wrongfully assume that because they can’t find the other driver, they don’t have any options. That’s simply not true. Fortunately, Illinois law does provide potential avenues for pursuing compensation in a hit-and-run accident.

Key Takeaways

• In a hit-and-run accident, start by collecting all of the evidence you can about the crash.
• Make a claim through your uninsured motorist coverage.
• Make a claim through your collision insurance coverage.
• MedPay or PIP can bridge the gap created by auto insurance coverage.
• Pay attention to the deadlines for filing claims to avoid missing any applicable statute of limitations.

Preserve the Evidence That Unlocks Every Option Below

In a hit-and-run accident, the other driver may have skipped out on their legal responsibility, but that doesn’t mean you can too. No matter what option you choose below, you’re going to need to back up your claim with some evidence. The other driver already disappeared; don’t let the evidence disappear too.

Here are the steps to take after a hit-and-run accident in Illinois:

• Call the police. It doesn’t matter that you are the only one at the scene; you still need to report the accident to the police. The insurance company is probably going to ask for the report number.
• Write down everything you remember. Memory fades and becomes unreliable over time. Write down everything you know as soon as possible so you can reference it later.
• Look for nearby cameras. Don’t wait to ask local businesses or homes for camera footage. Many are on rolling deletion schedules, and waiting too long can mean you lose the accident footage.
• Get medical treatment. Your health is the priority, so get treatment and save the records. Those documents are evidence of your injuries and loss.

Once you have gathered all of the relevant evidence, you’re ready to explore your options. Depending on the type of insurance coverage or compensation program you decide to submit a claim to, it will change the type of evidence you need to provide. Some will want to see proof of your damaged vehicle. Others will want to see the treatment documentation of your injuries.

Your Primary Path: Uninsured Motorist Coverage

For those who do have uninsured motorist (UM) coverage, there’s good news! That coverage will apply to your hit-and-run accident in Illinois. You don’t even have to identify the driver to make your claim. Now, when you make your claim, you need to show that there was physical contact between your vehicle and the hit-and-run driver’s vehicle. That’s why this blog post started with telling you to gather evidence. It would be an unusually creative hit-and-run if it managed to avoid doing that.

Unfortunately, in true lawyer fashion, I’m going to say "possibly" and “potentially” a lot. UM insurance is required under 215 ILCS 5/143a. Hopefully, you didn’t reject this coverage when you bought your policy.

What Covers Your Vehicle? (Collision, Not UM Property Damage)

Your car insurance might pay for your vehicle damage, but it depends on the coverage you have. Here is where things get a little less friendly. Apparently, Insurance companies felt that bodily injury and a damaged bumper needed to have completely different insurance rules. Unfortunately, that can make things a bit more complicated for us Illinois drivers dealing with both vehicle damage and injuries after an accident.

Collision insurance is an optional type of auto insurance that the vast majority of us purchase as a part of our policy. It’s the coverage you use when your vehicle needs repairs or replacement after it collides with another vehicle or an object. This coverage applies regardless of fault.

If your insurance policy has collision coverage, it could potentially cover your vehicle damage. It’s hard for someone to give you a definitive yes/no answer because every company and policy is different. However, uninsured motorist insurance doesn't include property damage in a hit-and-run when the driver cannot be identified.

MedPay or PIP Can Bridge the Gap

So far, we’ve talked about what to do when your vehicle has damage, but that doesn’t do anything for your physical injuries. You may need financial help to bridge the gap between the bills coming due and your uninsured motorist insurance claim being sorted out.

This is where two more options come into the conversation: MedPay and personal injury protection (PIP). These are optional in Illinois, so whether you have these available will depend on the decision you made back when you bought your insurance. Hopefully, you did. The good news is that they pay regardless of who is at fault, even after a hit-and-run accident in Illinois. You don’t even need to identify the other driver.

A Compensation Source Most People Miss: Illinois Crime Victims Compensation

It’s one thing for a hit-and-run driver to collide with another vehicle; it's a whole different level of low to strike a pedestrian, cyclist, or mobility device and then take off. You probably don't know this, but the state of Illinois has a program for this. While this isn’t a chance for a big payday, the program should be used as a last resort after exhausting your insurance options. You’ll also be limited to $45,000 for the total amount of reimbursement.

If you’re walking, on a human-powered vehicle, or using a mobility device, you could qualify for the Illinois Crime Victims Compensation Program. The Illinois Crime Victims Compensation Act (740 ILCS 45/2(c) includes a hit-and-run involving one of these qualifying individuals as a violent crime. Generally, you need to notify the police within 72 hours and cooperate with them during their investigation.

The Deadline That Catches People Off Guard

The state law says you generally have ten years to file your claim under 735 ILCS 5/13-206 for contract claims. However, you shouldn’t depend on that because your insurance company has probably shortened that time. It’s a tricky situation where contract law says one thing, but your actual contract says another.

Nearly every Illinois auto policy shortens the time to demand arbitration on a UM claim to two years. The Illinois Supreme Court validated these shorter deadlines in Country Preferred Insurance Co. v. Whitehead. Speaking with a motor vehicle accident attorney after your hit-and-run accident in Illinois can help you sort through the fine print.

This may sound like doom and gloom. However, under 215 ILCS 5/143.1, that 2-year deadline is paused after you submit your proof of loss. It stays on pause until the insurance company denies the claim.

Contact a Chicago Hit-and-Run Accident Attorney

Just because the responsible party pulled a disappearing act doesn’t mean your vehicle damage and medical bills can also perform the same trick. As nice as that would be, you’re stuck cleaning up the mess someone else caused after a hit-and-run accident in Illinois. Thankfully, you have options. If you’re struggling to figure out which option is right for you, then Stephen Hoffman can help you sort through the possibilities.

Contact Stephen Hoffman at (773) 944-9737 or stephen@hofflawyer.com for a free consultation, or learn more about his motor vehicle accident practice.