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Injured in a bicycle accident? Our experienced attorneys are ready to fight for your rights.
Bicycle Cases We Handle
- Dooring Accidents
- Right Hook Accidents
- Left Hook Accidents
- Sideswipe Accidents
- Crosswalk Accidents
- Road Rage Incidents
- Hit and Run Incidents
- E-Bike Crashes
- E-Scooter Crashes
- Bus Collisions
- Truck Collisions
- Rideshare Collisions
- Taxi Collisions
- Failure to Stop Accidents
- Underinsured Motorist Collisions
- Product Liability Claims
- Delivery Worker Accidents
- Messenger Accidents
- Bike Share Incidents
Chicago Underinsured Motorist Bike Collision Lawyer
Chicago Law Firm Handling Bicycle Accidents Involving Underinsured Motorists
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 – Policy limit settlement for a commuter with a head injury, paid through her uninsured motorist policy.
- $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 insurance coverage to pay medical bills, lost wages, and property damage, injured bicyclists can make a claim against their own insurance company to cover the rest of their needs.
Underinsured Motorist (UIM) Coverage 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 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 than uninsured driver insurance.
Filing an Underinsured Motorist Claim After a Bicycle Crash
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.
- Negotiate a Settlement – Your Chicago bike accident lawyer will push for maximum compensation.
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.
Proving Your Damages in an Underinsured Motorist 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.
- 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.
- 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 litigation
- Protecting your rights
- Communicating with third parties on behalf of you and your family members
- Ensuring a fair outcome
How Much Is My UIM 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 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
- Burial expenses for wrongful death
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Inconvenience
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 that you owe us nothing unless we are able to win your case. Call us today to schedule a free consultation.
