Chicago Underinsured Motorist Bicycle Accident Lawyer

Chicago Underinsured Motorist Bicycle Accident Lawyers Fighting for Cyclists

Our Chicago bicycle crash attorneys can assist you in exploring your legal options after a crash with an underinsured driver. We have a proven track record of recovering bicycle accident settlements, such as:

• $2,250,000 – $2,250,000 – Policy limit settlement for a commuter with a head injury, paid through her uninsured motorist coverage.
• $1,000,000 – Dooring accident settlement for a 26-year-old cyclist with a torn rotator cuff.
• $760,000 – Rear-end crash settlement for a cyclist hit at a traffic light; driver blamed poor lighting.

What Happens When the At-Fault Driver’s Insurance Is Inadequate?

If a driver does not have adequate liability coverage to pay medical expenses recovery, lost wages, and property damage, injured bicyclists can make a claim against their own insurance company to cover the rest of their needs. This can help bridge the compensation gap between what the at-fault driver’s insurance can pay and the true cost of the victim’s injuries.

How Underinsured Motorist (UIM) Coverage Works in Illinois

Illinois Statute §215 ILCS 5/143a requires uninsured motorist coverage (UM) as part of every driver’s insurance policy, which can cover hit-and-run crashes or accidents with uninsured motorists. It also requires that all insurance policies offer underinsured driver policies (UIM). You must have at least bodily coverage of at least $25,000 per person or $50,000 per accident.

If you have UIM, any medical expenses recovery that aren’t covered by the negligent driver’s policy can be covered by yours. You can also stack UIM coverage by purchasing additional policies, such as those specifically for property damage.

Setoff provisions will reduce the amount of compensation you receive from your insurance coverage based on what the underinsured motorist provided.

This has been repeatedly protected by the courts, such as in Sulser v. Country Mutual Insurance Co. and Farmers Automobile Insurance v. Coulson. This is because UIM is different from uninsured driver insurance.

How to File an Underinsured Motorist Bicycle Accident Claim in Chicago

The UIM process includes the following steps:

• Notifying Your Insurance Company – File a claim with your insurance for a potential UIM claim.

• Gather Documentation – Provide the police report, medical records, and proof of damages.

• Cooperate With Investigation – Work with a bicycle accident lawyer, who can ensure that your rights are protected throughout the process. Consult with your lawyer before answering questions from the insurance adjuster.
• Negotiate a Settlement – Your Chicago bike accident lawyer will push for maximum compensation during settlement negotiations.

Challenges and Disputes in Underinsured Motorist Claims

Even though you are working with your own insurance company, you may still come across challenges, including the following.

• Disputes Over Damages – The company may claim you were not as injured as you say you are.
• Disputes Over the Driver’s Negligence – Insurance companies may argue that you were mostly or fully to blame. For example, if you did not use hand signals as required by Chicago Municipal Code §9-52-045, this can be used against you.
• Bad Faith Claims – These can include delaying investigations, misrepresenting policies, making unreasonable demands, or refusing to communicate with you.

In these cases, you may pursue either arbitration or litigation to resolve the issue. Arbitration is a binding judgment made by a third party, such as a retired judge, while litigation involves the court system. In these cases, it’s crucial to have experienced legal representation.

How to Prove Damages in a UIM Bicycle Accident Claim

Injured bicyclists must prove their damages through evidence, such as the following.

• Liability – Provide a police report that includes the officer’s interpretation of the accident.
• Medical Costs – Provide records, bills, and health insurance claims for medical expenses recovery.
• Property Damage – Get an estimate for bicycle repair from a trustworthy bike shop.
• Lost Wages – Provide pay stubs, tax returns, and evidence of time off work, supporting your lost wages claim.
• Future Medical Needs – Doctors can share details about your prognosis and future needs.
• Pain and Suffering – Family members, friends, therapists, and medical professionals can testify as to how the injuries have changed your life. These pain and suffering damages can be part of your injury settlement.

Why You Need a Chicago Bicycle Accident Attorney for Your UIM Claim

A skilled Chicago bike accident law firm is an essential ally when filing an underinsured driver claim. We can assist with the following tasks:

• Investigating the accident
• Navigating the complex UIM claim process
• Negotiating with your insurance company to maximize compensation
• Guiding you through arbitration or civil lawsuit
• Protecting your rights
• Communicating with third parties on behalf of you and your family members
• Ensuring a fair outcome

How Much Is Your Underinsured Motorist Bicycle Accident Claim Worth?

Every bike crash is different, and there is no set amount you may receive. Your UIM claim depends on the other driver’s policy limits. Factors like injury severity, time off work, property damage, and overall impact of your injuries determine your claim’s value.

Damages you can receive include:

• Medical expenses
• Lost income
• Future medical needs
• Future loss of income
• Property damage
• Burial expenses for wrongful death
• Pain and suffering damages
• Emotional distress
• Loss of enjoyment of life
• Inconvenience

Frequently Asked Questions

1. What is underinsured motorist coverage in a bicycle accident?

Underinsured motorist coverage helps cyclists recover compensation when the at-fault driver’s insurance doesn’t fully cover medical expenses recovery, lost wages claims, or property damage.

2. Can I file a UIM claim if the driver has insurance?

Yes, if the other driver’s insurance is insufficient to cover your losses, you can file a UIM claim with your own insurer to fill the compensation gap.

3. How much compensation can I recover in a UIM claim?

The compensation you may recover includes medical expenses, lost wages, property damage, and pain and suffering damages as part of your injury settlement.

4. Do I need a lawyer for an underinsured motorist claim?

A lawyer can help ensure a fair insurance claim dispute resolution, maximize your injury settlement, and protect your rights during insurance negotiations.

5. How long do I have to file a claim in Illinois?

In Illinois, you typically have two years from the accident date to file a personal injury claim, including a UIM claim.

6. What if my insurance company denies my claim?

If your insurer denies your claim, you may need legal representation to challenge the denial, either through settlement negotiation or civil lawsuit.

Consult a Chicago Underinsured Motorist Bicycle Accident Lawyer Near You!

With over 100 years of collective legal experience, our law firm is committed to helping injured cyclists get back on the road with the compensation they need to heal. We have helped over 5,000 clients successfully litigate claims against irresponsible drivers and insurance companies.

Our Illinois law bicycle accident attorney works on a contingency fee basis, meaning that you owe us nothing unless we are able to win your case. Call us today to schedule a free consultation.

Content reviewed by Chicago bicycle accident lawyer Jonathan Rosenfeld of Rosenfeld Injury Lawyers LLC, who holds negligent drivers, municipalities, and corporate defendants accountable to protect injured cyclists and their families, and is a trial lawyer recognized by National Trial Lawyers, Best Attorneys of America, and the National Association of Personal Injury Attorneys for high-severity injury claims.