Key Takeaways
- Yes, you can sue them. Having no insurance is not a defense to negligence.
- Winning and collecting are different problems. A judgment is not money.
- Uninsured motorist coverage is usually the better route, and often the only one that pays.
- Look for other defendants, especially a vehicle owner or an employer.
- The deadline is the same whether or not anyone is insured.
The short answer
You can sue an uninsured driver in Illinois. Insurance has nothing to do with liability; it is simply how most judgments get paid. A driver who caused your injuries owes you the same duty whether or not they bought a policy.
The real question is not whether you can sue. It is whether suing will produce anything.
Why a judgment often is not money
People who drive without insurance are, as a group, people without much to take. That is not a moral observation; it is the practical reality that decides how these cases are run.
A judgment entitles you to pursue collection. What that runs into:
- No assets. Collection against someone with nothing yields nothing, however large the judgment.
- Exemptions. Illinois protects categories of property and income from collection, so not everything a debtor has is reachable.
- Time and cost. Enforcement is a separate exercise from the claim, and it can take years.
- They may disappear. Someone uninsured today is often untraceable in two years.
None of this makes the claim worthless. It means a judgment should usually be pursued alongside a route that actually pays, rather than instead of one.
The route that usually pays
Your own uninsured motorist coverage. Under 215 ILCS 5/143a every Illinois policy must include cover for insured persons legally entitled to recover damages from the owners or operators of uninsured and hit-and-run motor vehicles, for bodily injury, sickness or disease, including death.
The advantages over pursuing an individual are substantial:
- The insurer can pay, which is the entire problem with the other route.
- Your limits are probably higher than you think. Under 215 ILCS 5/143a-2(1) UM cover equals your own bodily injury liability limits unless the excess was rejected in writing.
- It resolves faster, through arbitration before the American Arbitration Association rather than litigation and then enforcement.
What that coverage is and how it works is set out in uninsured motorist coverage in Illinois.
When suing the driver is still worth it
There are real cases where it is:
- They have assets. Property, a business or meaningful income changes the calculation entirely.
- You have no UM cover, or your limits are exhausted by the injury.
- Your insurer disputes the claim, and a judgment against the driver establishes liability and value.
- Your policy requires it, or requires notice before you settle with or release the driver. This matters, because releasing the at-fault driver without consent can prejudice a UM claim. Check the policy first.
Look for a defendant who is insured
Before concluding that nobody can pay, the question worth asking is whether the driver was the only party at fault:
- The vehicle’s owner, if it was not the driver’s car.
- An employer, if the driver was working at the time.
- Another driver who contributed to the collision.
- A public body, where the roadway or a public vehicle was involved — which shortens the deadline to one year under 745 ILCS 10/8-101(a), or 70 ILCS 3605/41 for the CTA.
Where more than one defendant is liable, 735 ILCS 5/2-1117 makes each of them jointly and severally liable for medical expenses regardless of percentage, with a 25% line for other damages. An insured defendant at 25% or more can therefore be pursued for far more than their share. See multi-vehicle crash claims.
Your own fault, and your deadline
Under 735 ILCS 5/2-1116 your damages are reduced by your share and barred only above 50%. The limitation period is unaffected by anybody’s insurance: two years under 735 ILCS 5/13-202, and five years for damage to the vehicle under 735 ILCS 5/13-205. See the Illinois filing deadlines.
Frequently Asked Questions
Can you sue an uninsured driver in Illinois?
Yes. Having no insurance is not a defense to negligence, and a driver who caused your injuries owes you the same duty whether or not they bought a policy. The practical question is whether a judgment against them could be collected.
Will I actually get paid if I win?
Often not, or not in full. A judgment entitles you to pursue collection, but drivers without insurance frequently have few reachable assets, Illinois protects categories of property and income from collection, and enforcement is a separate and lengthy exercise from the claim itself.
What is the better route?
Usually your own uninsured motorist coverage. Under 215 ILCS 5/143a every Illinois policy must include it, the insurer can actually pay, and under 215 ILCS 5/143a-2(1) your limits equal your own bodily injury liability limits unless you rejected the excess in writing.
Should I settle directly with the uninsured driver?
Check your policy first. Policies commonly require notice before you settle with or release an at-fault driver, and releasing them without consent can prejudice an uninsured motorist claim. Take advice before signing anything.
Is anyone else likely to be liable?
Possibly. The vehicle’s owner if it was not the driver’s car, an employer if the driver was working, another driver who contributed, or a public body where the roadway or a public vehicle was involved. Under 735 ILCS 5/2-1117 every liable defendant is jointly and severally liable for medical expenses regardless of percentage.
Does the deadline change because they were uninsured?
No. Two years for personal injury under 735 ILCS 5/13-202 regardless of anybody’s insurance, five years for damage to the vehicle under 735 ILCS 5/13-205, and one year where a local public entity or its employee is a defendant under 745 ILCS 10/8-101(a).
Talk to an Elmwood Park car accident lawyer
Being hit by an uninsured driver feels like the end of the matter, and it usually is not. The money is generally there, but on your own policy rather than theirs, and the mistake that costs people most is settling with or releasing the driver before anyone checks what that does to the coverage.
If you were hurt by an uninsured driver in Elmwood Park, Oak Lawn, Skokie, Niles, Orland Park or anywhere in Cook County, Lawyer Furqan will look for a defendant who can pay before spending your case chasing one who cannot.
Call 847-800-8978 or contact us online. The consultation is free, there is nothing upfront, and you owe no attorney’s fee unless we win.
Sources and authorities cited
- 215 ILCS 5/143a · mandatory uninsured and hit-and-run coverage
- 215 ILCS 5/143a-2(1) · UM equal to bodily injury liability limits
- 735 ILCS 5/2-1117 · joint and several liability for medical expenses; the 25% line
- 735 ILCS 5/2-1116 · comparative negligence
- 735 ILCS 5/13-202, 13-205, 745 ILCS 10/8-101(a) · deadlines
This article is general legal information about Illinois law, not legal advice, and creates no attorney-client relationship. Collection prospects and policy terms differ in every case, and nothing here predicts a result.
