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Injured in a Bicycle Accident? We Can Help.
Chicago Underinsured Motorist Bicycle Accident Lawyer
Chicago Underinsured Motorist Bicycle Accident Lawyers Fighting for Cyclists
Our Chicago bicycle crash attorneys can help you explore 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?
Underinsured motorist coverage pays a cyclist’s bodily injury losses from their own insurer when the at-fault driver’s liability limits are lower than the UIM limits on the cyclist’s policy. In Illinois, the insurer pays up to the UIM limit minus what the at-fault driver’s policy paid.
How Underinsured Motorist (UIM) Coverage Works in Illinois
Illinois law requires auto liability policies to include uninsured motorist coverage (215 ILCS 5/143a). It also requires uninsured and underinsured motorist coverage equal to your bodily injury liability limits, unless you reject the higher limits in writing (215 ILCS 5/143a-2). A driver is underinsured under this law when their total bodily injury liability limits are less than your policy’s UIM limits.
If you have UIM coverage, your insurer pays up to your UIM limit, minus what you actually recovered from the at-fault driver’s coverage (215 ILCS 5/143a-2(4)). For example, with $100,000 in UIM coverage and $25,000 recovered from the at-fault driver, UIM coverage would pay up to $75,000. UIM coverage applies to bodily injury and death, not property damage.
Setoff rules limit what your insurer can deduct. Illinois courts have allowed an insurer to set off workers’ compensation benefits (Sulser v. Country Mutual Insurance Co., 147 Ill. 2d 548 (1992)), but have held that only amounts paid on behalf of the underinsured vehicle can be deducted, not settlements from other parties (Farmers Automobile Insurance Ass’n v. Coulson, 402 Ill. App. 3d 779 (5th Dist. 2010)).
Uninsured vs. Underinsured Motorist Coverage: What’s the Difference?
Uninsured motorist (UM) coverage applies when the at-fault driver has no liability insurance or cannot be identified. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their bodily injury limits are lower than the UIM limits on your own policy.
UM: The at-fault driver has no insurance or flees the scene. Under Illinois law (215 ILCS 5/143a(1)), disputes over coverage and damages go to arbitration. Hit-and-run claims have additional requirements, covered on our hit and run bicycle accidents page.
UIM: The at-fault driver has insurance, but less than your UIM limits. Your insurer pays up to your UIM limit minus what the at-fault driver’s policy paid (215 ILCS 5/143a-2(4)).
Both cover bodily injury and death, not bicycle repair.
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 protect your rights 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 when you work with your own insurance company, you may still face 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.
- Vexatious or Unreasonable Delay – Illinois allows a court to award attorney’s fees and a penalty when an insurer’s delay or refusal to pay is vexatious and unreasonable (215 ILCS 5/155). Examples include delaying the investigation, misrepresenting policy terms, or refusing to communicate.
If a dispute cannot be resolved, Illinois law requires uninsured motorist claims to go to arbitration (215 ILCS 5/143a(1)). For underinsured motorist claims, arbitration depends on your policy, and you may resolve the dispute in court instead.
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 and bills.
- Lost Wages – Provide pay stubs, tax returns, and evidence of time off work.
- 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.
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 your own UIM limits and how much you recovered from the at-fault driver’s coverage. 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
- Damages you can receive
- Burial expenses for wrongful death
- Pain and suffering
- 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 for bodily injury from their own insurer when the at-fault driver’s liability limits are lower than the cyclist’s UIM limits.
2. Can I file a UIM claim if the driver has insurance?
Yes, but only if the driver’s total bodily injury limits are lower than the UIM limits on your policy. If the driver’s limits equal or exceed your UIM limits, the driver is not considered underinsured under that policy.
3. How much compensation can I recover in a UIM claim?
Your insurer pays up to your UIM limit minus what you recovered from the at-fault driver’s coverage. UIM covers bodily injury losses such as medical expenses, lost wages, and pain and suffering, not property damage.
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?
You generally have two years to file a personal injury lawsuit against the at-fault driver (735 ILCS 5/13-202). A UIM claim is made under your own policy, so the policy’s notice and filing deadlines control. Those are often two years but can differ, so read your policy and notify your insurer promptly. See the statute of limitations for more information.
6. What if my insurance company denies my claim?
If your insurer denies your claim, you may need legal representation to challenge the denial through settlement negotiation or a civil lawsuit.
7. Can I have UIM coverage if I don’t own a car?
Possibly. UM and UIM coverage generally protects the named insured and family members who live in the household, and it can apply when you are injured as a cyclist, not only in a car. Check your own policy and any policy held by a household member, and have a lawyer review the language.
8. Should I accept the at-fault driver’s policy limits before filing a UIM claim?
Speak with a lawyer first. Many policies require you to notify your insurer before you settle with the at-fault driver, and settling without following your policy’s requirements can put UIM benefits at risk. See our bicycle accident claim guide for more information.
9. Does UIM coverage pay for damage to my bicycle?
Generally no. UM and UIM coverage in Illinois is built around bodily injury and death. Bicycle repair or replacement is typically pursued against the at-fault driver’s property damage liability coverage.
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 bicycle accident attorney works on a contingency fee basis, meaning you owe us nothing unless we win your case. Call us today to schedule a free consultation.
Legally Reviewed By
Attorney Jonathan Rosenfeld
Reviewed by Attorney Jonathan Rosenfeld The material on this page has been legally reviewed by Attorney Jonathan Rosenfeld of Rosenfeld Injury Lawyers LLC. Mr. Rosenfeld and his team have experience representing injured cyclists in bicycle accident cases in Chicago. With a focus on personal injury law, they help bicycle accident victims understand their legal options and pursue compensation for medical expenses, lost wages, and other damages resulting from their injuries.
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