What Happens If You Get in an Accident Without Insurance in Chicago

Our Chicago car accident attorneys are here to explain what happens if you get in an accident without insurance, what steps to take, and how we can help you navigate this complex situation.

Getting into a car accident is stressful enough, but getting into an accident without insurance can have serious legal, financial, and personal consequences.

In Illinois, auto insurance coverage is not optional. It’s required by law for all registered motor vehicles, and driving without insurance can lead to fines, license suspension, and even civil lawsuits, regardless of who is at fault.

Whether you’re the at-fault driver, the victim of an uninsured driver, or caught in a situation where both drivers don’t have insurance, knowing your rights and responsibilities is critical.

Illinois Car Insurance Requirements: It’s the Law

Under 625 ILCS 5/7-203, all Illinois drivers are required to carry minimum coverage requirements for liability insurance. These amounts ensure that at least some damages are covered when a driver causes an accident. As of 2025, the mandatory minimum car insurance in Illinois includes:

Bodily Injury Liability:

• $25,000 per person
• $50,000 per accident

Property Damage Liability:

• $20,000 per accident

Uninsured Motorist Coverage (UM):

• $25,000 per person
• $50,000 per accident

Illinois drivers must carry proof of car insurance at all times and produce it during a traffic stop, accident, or vehicle registration process.

Penalties for Driving Without Auto Insurance Coverage in Illinois

If you’re caught driving without insurance in Illinois, even if no accident occurred, the consequences can be serious.

Under 625 ILCS 5/3-707, a first offense carries a mandatory fine of at least $500, while repeat offenses can result in fines up to $1,000. In addition to financial penalties, your vehicle registration and license plates can be suspended. You’ll need to pay a reinstatement fee and provide proof of current insurance before being allowed to legally drive again.

You may also be required to file an SR-22 certificate with the Illinois Secretary of State. An SR-22 is not insurance itself, but a form filed by your insurance company verifying that you now meet the state’s minimum car insurance requirements.

It must remain in place for three years, and often results in significantly higher premiums. Failing to maintain your SR-22 can result in further license suspension.

Scenario 1: You’re At Fault in the Car Accident and Uninsured

If you’re the driver found liable for a car accident and you don’t have insurance, you’re personally responsible for paying for all resulting damages.

This means you may be liable for the other driver’s medical bills, vehicle damage, pain and suffering, lost wages, and any additional property damage caused by the crash. Without car insurance to shield you, the other driver or their insurance company can sue you directly.

If you lose in court, a judgment could be entered against you. That can lead to wage garnishment, liens on your property, seizure of your assets, or other long-term financial consequences.

On top of the civil liability, you will also be subject to the penalties for driving without insurance: fines, license suspension, vehicle registration revocation, and the SR-22 filing requirement.

Driving without insurance in this scenario doesn’t just expose you to steep penalties—it puts your financial future at serious risk. Even one accident could result in years of debt and legal complications, especially if the other party suffers major injuries or losses.

Scenario 2: The Other Driver is At Fault and You’re Uninsured

If you’re involved in a car accident but the other driver is at fault, and you were uninsured at the time, you still have the right to seek compensation from their insurance company. Fortunately, Illinois is not a “No Pay, No Play” state.

That means even if you were breaking the law by driving without insurance, you can still file a claim against the at-fault driver and potentially recover damages.

However, your lack of insurance won’t go unnoticed. You’ll likely be cited and fined for the offense, and your registration and license could be suspended. You may also be required to carry an SR-22 moving forward.

Additionally, some insurers may try to use your uninsured status against you by questioning your credibility or the legitimacy of your injuries. Having an experienced attorney in your corner can help ensure that your claim is taken seriously and that you receive fair treatment during negotiations.

What if the At-Fault Driver is Also Uninsured?

If you’re involved in an accident and the other driver is at fault but also doesn’t have insurance, things become more complicated. In this scenario, your ability to recover damages depends largely on whether you have uninsured/underinsured motorist coverage.

Fortunately, Illinois requires all drivers to carry this type of coverage unless they waive it in writing, which means most insured drivers will have it.

If you do have uninsured motorist coverage, you can file a claim with your own policy to cover medical expenses, lost wages, and other bodily injury-related damages. This allows you to avoid having to sue the at-fault driver directly.

However, UM coverage typically does not include property damage unless you’ve purchased an additional endorsement.

If you don’t have UM coverage, your only option may be to file a personal injury lawsuit against the at-fault party. Unfortunately, if the other driver doesn’t have insurance, there’s a good chance they also lack sufficient assets to cover your losses.

Even if you win a judgment, you may not be able to collect it. This is why carrying uninsured motorist protection is so important in Illinois.

What if You’re in a No-Fault State?

In no-fault states, each driver’s insurance pays for their own injuries and related expenses, regardless of who caused the accident. These states require personal injury protection (PIP) as part of your auto insurance policy.

Illinois is not a no-fault state, but if you’re involved in an accident in one of those states and don’t have insurance, you cannot use PIP benefits and may be barred from recovering non-economic damages like pain and suffering.

In addition, driving without insurance in a no-fault state carries its own set of penalties, which can include fines, license suspension, and jail time. If you’re visiting or temporarily living in a no-fault state, it’s important to understand local laws and carry appropriate insurance.

Steps to Take After a Car Accident

If you’re involved in a car accident, take the following steps immediately, regardless of whether you have insurance.

• Check for injuries and call 911 if anyone is hurt. Seeking medical attention is crucial, both for your health and for documenting your injuries.
• Always call the police and report the accident. This creates an official record of the crash, which is invaluable for any insurance claim or legal case.
• Gather information from the other driver, including their name, contact details, driver’s license number, vehicle registration, and insurance information (if they have it).
• Take photos of the accident scene, including vehicle damage, road conditions, traffic signs, skid marks, and any injuries.
• If there are witnesses, collect their contact information as well. Their statements could help establish fault if there’s a dispute. Be careful about what you say at the scene.
• Don’t admit fault, speculate about what happened, or apologize, as these statements could be used against you later.
• Consult a lawyer.

The Importance of a Police Report to Your Insurance Claim

Reporting the accident provides an unbiased account of the car accident. Even if you’re uninsured, having this document on file can be vital to your defense or your ability to seek compensation. The report often includes details about who was likely at fault, vehicle positions, weather and road conditions, and any citations issued at the scene.

Insurance adjusters rely on accident reports to determine liability. If you’re uninsured but not at fault, the report can support your claim against the other driver. If you are at fault, the report may serve as a key piece of evidence in a potential lawsuit.

Do NOT Leave the Scene of the Accident

Leaving the scene of an accident—commonly known as a hit-and-run—is a criminal offense in Illinois. Under 625 ILCS 5/11-401, any driver involved in a crash that results in injury or death must remain at the scene and render aid if necessary.

Fleeing the scene is a far more serious offense than driving without insurance and can result in felony charges, steep fines, and imprisonment. Even if you are uninsured, stay at the scene, call the police, and follow legal procedures. Running from the consequences will only make your situation much worse.

Why You Should Talk to a Chicago Lawyer

If you’re involved in a car accident without insurance, you need legal guidance as soon as possible. A car accident attorney can help you understand your rights and the potential consequences you’re facing.

Whether you were at fault or not, an attorney can negotiate with the other driver’s insurer, help reduce fines and penalties, and potentially prevent a suspended license or vehicle registration.

We can explore any available sources of compensation. We’ll work to protect your financial future, especially in cases involving serious injuries or long-term medical care.

How Can an Attorney Help With the Insurance Company?

Dealing with an insurance adjuster as an uninsured driver can be intimidating. An experienced attorney knows how to speak their language, build a strong case, and avoid traps that could hurt your claim. They can collect and present evidence, coordinate medical records, negotiate settlements, and handle litigation if necessary.

In uninsured motorist claims, an attorney will work to ensure your insurer pays out the full benefits owed under your policy. They’ll also help you understand your rights under the terms of your car insurance and guide you through any disputes that may arise.

What Happens if Both Drivers Don’t Have Insurance?

When both parties in an accident are uninsured, it often results in a legal standoff. Neither party can file a claim, and both are potentially liable for their expenses out of their own pockets. The at fault driver could still be sued by the other, but the chances of collecting damages are slim if neither has the financial resources to pay.

This type of situation highlights the importance of carrying at least the minimum car insurance required by Illinois law. Even basic coverage can help protect you from devastating financial loss in the event of an accident.

What is Uninsured Motorist Coverage?

Uninsured motorist coverage is a critical part of your auto insurance policy in Illinois. It provides compensation if you’re injured in an accident caused by a driver who doesn’t have insurance. It typically covers bodily injury, medical treatment, pain and suffering, and lost wages. Property damage is usually not included unless you’ve added an optional endorsement.

This type of coverage is mandatory unless waived in writing, as outlined in 215 ILCS 5/143a. Having UM coverage ensures you have a safety net if you’re hit by an uninsured driver or if you’re involved in a hit-and-run.

Can I Still Get Compensated?

Yes, even if you’re driving without insurance, you may still be able to receive compensation, especially if the other driver was at fault. In Illinois, you’re not barred from filing a claim simply because you were uninsured. You can also pursue compensation through your own uninsured motorist policy if applicable.

However, the process will be more complicated, and the penalties for being uninsured will still apply. Consulting a lawyer can help you identify your best options and build a case that gives you the best chance of financial recovery.

Book a Free Consultation

If you’ve been involved in a car accident and don’t have insurance, you need legal support right away. Our Chicago car accident lawyers offer a free, no-obligation consultation to help you understand your rights, review your case, and explore your legal options.

Our personal injury lawyers in Chicago have extensive experience handling complex auto accident cases—including those involving uninsured drivers—and we’re committed to protecting your future. Whether you’re facing a lawsuit, trying to negotiate with an insurance adjuster, or exploring how to seek compensation, we’re here to help.

You pay nothing upfront. We work on a contingency fee basis, which means you don’t owe us anything unless we win your case. There are no hourly rates or surprise bills—just dedicated, results-driven representation.

Call our legal team at (888) 424-5757 or fill out our online form to book a free consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.