Michael J. Lucas & Associates, LLC helps clients identify potential UM and UIM coverage, evaluate policy conditions, and understand how those claims interact with the underlying accident case.
Uninsured Motorist Coverage
Uninsured motorist coverage may apply when an at fault driver has no applicable liability insurance and can also become important in certain hit and run situations. The policy definitions, proof requirements, notice provisions, and factual circumstances should be reviewed carefully.
Even though the claim is made through an insured's own policy, the insurer should still investigate liability, causation, damages, and coverage.
Underinsured Motorist Coverage
Underinsured motorist coverage may become relevant when the at fault driver's liability limits are insufficient compared with the available UIM coverage and the loss, subject to Illinois law and the policy terms.
The interaction between the tortfeasor's settlement, policy limits, setoffs, consent requirements, and UIM procedures can be technical. A liability settlement should not be finalized without considering whether doing so affects additional coverage.
Which Policy Applies?
Coverage may potentially arise under more than one policy, particularly when the injured person was occupying an employer vehicle, household vehicle, rental vehicle, or other insured automobile.
Questions involving who qualifies as an insured, anti stacking language, priority of coverage, exclusions, and policy limits can affect the analysis.
Arbitration and Other Policy Procedures
Many UM and UIM policies include arbitration provisions or other contractual procedures. The policy may also require notice, cooperation, medical documentation, proof of loss, or other steps.
Because these claims are contractual as well as injury related, the applicable deadline may not always be analyzed in the same way as the underlying negligence claim.
What Damages Can Be Pursued?
The damages analysis generally focuses on the losses the insured would be legally entitled to recover from the uninsured or underinsured driver, subject to the policy and applicable law. Medical expenses, lost income, pain and suffering, disability, and loss of normal life may therefore be relevant.
If you are dealing with an uninsured driver, a hit and run, or inadequate liability limits, Michael and his team can review the declarations and policy language, evaluate the underlying accident, and help you understand what UM or UIM coverage may be available.
Areas We Serve
Michael J. Lucas & Associates, LLC assists clients throughout Boone County, Cook County, DuPage County, Kane County, Lake County, McHenry County, and Will County.
Our office serves clients throughout Northern Illinois, including Addison, Algonquin, Antioch, Arlington Heights, Aurora, Barrington, Bartlett, Batavia, Belvidere, Bloomingdale, Bolingbrook, Buffalo Grove, Carpentersville, Cary, Chicago, Crystal Lake, Deerfield, Des Plaines, Downers Grove, Elgin, Elk Grove Village, Elmhurst, Evanston, Fox Lake, Fox River Grove, Frankfort, Geneva, Glen Ellyn, Glenview, Grayslake, Gurnee, Hanover Park, Hampshire, Harvard, Highland Park, Hoffman Estates, Huntley, Joliet, Lake Barrington, Lake Forest, Lake in the Hills, Lake Zurich, Libertyville, Lincolnshire, Lisle, Lockport, Lombard, Marengo, McHenry, Mokena, Mount Prospect, Mundelein, Naperville, New Lenox, Northbrook, Palatine, Park Ridge, Plainfield, Poplar Grove, Prospect Heights, Rolling Meadows, Romeoville, Roselle, Schaumburg, Shorewood, South Elgin, St. Charles, Streamwood, Sugar Grove, Vernon Hills, Waukegan, West Chicago, Wheaton, Wheeling, Wilmette, Winfield, Wood Dale, Woodridge, and Woodstock.