You can always sue somebody who doesn’t have car insurance if they injure you in a roadway, but the problem is most people don’t have personal assets to cover the injuries that you might have to pay for. Your hospital bills, your lost wages, and types of subsequent surgeries or medications you might need to take, and it’s really problematic, so the best thing to do under those circumstances is to run everything through your own health insurance and to find out if your own vehicle has something called under insured motorist coverage. In Illinois, it’s mandated that almost all motorists have uninsured or under insured motorist. They can opt out of it, but that’s pretty rare. What you want to do is talk with own vehicle insurance company to find out if they have coverage for you in the event that you’re hit by somebody who’s not covered by their own insurance. Under insured is a little bit different. Under insured deals with situations in which a motorist hits you and they do have some insurance, but not enough to cover everything.
The reason that they don’t have enough is usually because there’s a significant injury on the other side, so perhaps a person sustains a broken leg or needs to have surgery or some other sort of really traumatic injury. If the motorist who hits you only has 20, 30, 40, $ 50,000 but you have $100,000 in medical bills, it doesn’t really get you very far in terms of being able to pay for your medical bills, not to mention lost wages, mortgage payments and things of that nature. What you want to do is find out if there’s any other sources of insurance that can cover you. You can run everything through your private health insurance while you try to obtain the full amount that the underinsured motorist has. You can also speak with your own vehicular insurance company to find out what kind of underinsured motorist coverage you may have as well, and that’s going to be a factual determination that’s going to be different with every single case. You really should probably talk with an attorney to find out what your best result could be in those circumstances.