Key Takeaways
- You can claim even if the driver is never identified.
- Your own auto policy can respond even though you were on foot.
- Coverage is for bodily injury, which is what a struck pedestrian has.
- Report to the police immediately. Insurers generally require a report.
- Footage decides these cases, and it is overwritten within days.
Two routes, and you should pursue both
After a hit-and-run there are two possible sources of recovery, and they are worked on at the same time rather than one after the other.
The first is a claim against the driver, if they are identified. The second is a claim on an available insurance policy if they never are. Waiting to see whether the police find someone before starting the second is how the time to do it well gets used up.
What the driver was required to do
Under 625 ILCS 5/11-401, a driver involved in a crash causing injury or death must stop at the scene, or as close as possible, and remain until the requirements of Section 11-403 are satisfied.
625 ILCS 5/11-403 requires them to give their name, address, registration number and the owner of the vehicle, exhibit a driver’s license on request where available, and render reasonable assistance, including arranging transport for treatment where that is apparently necessary or is requested.
Separately, 625 ILCS 5/11-1003.1 required that driver to exercise due care to avoid colliding with any pedestrian in the first place, notwithstanding anything else in the Code.
Insurance when nobody is found
This surprises people, so it is worth stating plainly: you do not have to have been in a vehicle for your own auto policy to matter.
215 ILCS 5/143a is headed “Uninsured and hit-and-run motor vehicle coverage.” It requires Illinois policies to provide coverage for persons insured under them who are legally entitled to recover damages from the owners or operators of uninsured and hit-and-run motor vehicles, because of bodily injury, sickness or disease, including death.
A pedestrian struck by a vehicle has bodily injury, which is what the coverage is for. Whether it responds in your case depends on the terms of the policy and on who counts as an insured under it, which is why the declarations page and the policy wording are worth getting in front of someone early. Household members are commonly covered as well as the named insured.
Two further features of 143a:
- Limits. Under 215 ILCS 5/143a-2(1), uninsured motorist coverage is included equal to the insured’s bodily injury liability limits unless the excess was specifically rejected in writing.
- Arbitration. Policies must provide that disputes about coverage and the amount of damages go to the American Arbitration Association, with separate provision for medical opinions.
Limits may also not be stacked across vehicles for one person in one crash. The mechanics, including the underinsured offset, are in is $25,000 enough.
Finding the driver
| Source | Why it matters | How long you have |
|---|---|---|
| Business and doorbell cameras | Frequently the only record of the vehicle | Days, sometimes less |
| Transit and municipal cameras | Cover many junctions and crossings | Requires a prompt written request |
| Debris and vehicle parts | Trim and glass narrow make and model | Until the road is cleaned |
| Your clothing | Can carry paint transfer | Until it is washed or thrown away |
Keep the clothes you were wearing, including anything cut off by paramedics, and do not wash them. This is the step most often missed, and in a hit-and-run it can be the one that identifies a vehicle.
Report it straight away
Under 625 ILCS 5/11-407(a) immediate notice to police is required where a crash causes injury or death. Beyond the legal duty, insurers generally require a police report before an uninsured or hit-and-run claim is entertained, so prompt reporting protects the coverage as well as the investigation.
The driver’s own written 10-day crash report was repealed by Public Act 102-560, effective 20 August 2021; the surviving 10-day period is the investigating officer’s under 625 ILCS 5/11-408.
Deadlines
Two years under 735 ILCS 5/13-202; one year against a local public entity or its employee under 745 ILCS 10/8-101(a); one year against the Chicago Transit Authority under 70 ILCS 3605/41. A claim on your own policy is also governed by that contract’s own requirements, so it should not be left. See the Illinois filing deadlines.
Frequently Asked Questions
Can a pedestrian sue after a hit-and-run in Illinois?
Yes. If the driver is identified you have an ordinary negligence claim. If they are never identified, 215 ILCS 5/143a requires Illinois policies to include coverage for those legally entitled to recover from hit-and-run motor vehicles, so a claim may still be available on an applicable policy.
Can my own car insurance help if I was walking?
Often yes. The coverage required by 215 ILCS 5/143a is for bodily injury suffered by persons insured under the policy who are legally entitled to recover from an uninsured or hit-and-run vehicle, and a struck pedestrian has bodily injury. Whether it responds depends on the policy terms and who counts as an insured, so the wording should be checked early.
How much coverage would I have?
Under 215 ILCS 5/143a-2(1), uninsured motorist coverage must be included equal to the insured’s bodily injury liability limits unless the excess was specifically rejected in writing. Limits may not be stacked across vehicles for one person in one crash.
What was the driver legally required to do?
Under 625 ILCS 5/11-401 they had to stop and remain at the scene until the requirements of Section 11-403 were met, which include giving their name, address, registration and the vehicle’s owner, and rendering reasonable assistance. Under 625 ILCS 5/11-1003.1 they also owed a duty of due care to avoid colliding with any pedestrian.
What should I keep as evidence?
The clothing you were wearing, including anything cut off by paramedics, and do not wash it, because it can carry paint transfer that identifies a vehicle. Also note nearby cameras straight away and ask for the footage in writing, since it is commonly overwritten within days.
Will a hit-and-run claim go to court?
A claim on your own policy usually does not. 215 ILCS 5/143a requires policies to provide that disputes about coverage and the amount of damages are submitted to arbitration before the American Arbitration Association, with separate provision for medical opinions.
Talk to an Elmwood Park pedestrian accident lawyer
Hit-and-run pedestrian cases are decided in the first week. The footage that would identify a vehicle is routinely gone before anybody asks for it, and the clothing that might carry paint transfer is usually thrown away at the hospital.
If you or a family member were struck in Elmwood Park, Oak Lawn, Skokie, Niles, Orland Park or anywhere in Cook County, Lawyer Furqan will chase footage immediately and open the coverage route in parallel rather than waiting on the investigation.
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 · uninsured and hit-and-run coverage, AAA arbitration, anti-stacking
- 215 ILCS 5/143a-2(1) · UM equal to bodily injury liability limits
- 625 ILCS 5/11-401 and 11-403 · duty to stop, remain, inform and assist
- 625 ILCS 5/11-1003.1 · drivers to exercise due care
- 625 ILCS 5/11-407(a) · immediate notice to police; 11-408 · the officer’s report
This article is general legal information about Illinois law, not legal advice, and creates no attorney-client relationship. Whether any policy responds depends on its terms, and nothing here predicts a result.
