I was injured in a hit and run accident, there is nothing I can do though right?
This is a common misconception that leaves many victims paying for someone else’s recklessness. The short answer is: No, you are definitely not out of options.
Even if the other driver vanished into thin air, Illinois law provides a safety net specifically for this situation. Here is how you can still secure compensation after a hit-and-run in the Metro East area.
The Secret Weapon: Your Own Insurance Policy
It feels counterintuitive to look to your own insurance when you didn’t cause the crash, but that is exactly what Uninsured Motorist (UM) Coverage is for.
By Illinois law, every auto insurance policy issued in the state must include uninsured motorist protection. In a hit-and-run, the “phantom” driver is legally treated as an uninsured motorist. This coverage allows you to collect compensation for:
- Medical expenses (ER visits, surgery, physical therapy)
- Lost wages if you missed work due to your injuries
- Pain and suffering for the physical and emotional trauma
The “Illinois Rules” for Hit-and-Run Claims
To successfully file a claim against your own UM policy, Illinois has two very specific requirements you must meet:
- The “Physical Contact” Rule: In Illinois, there must have been actual physical contact between the hit-and-run vehicle and yours. If a driver swerved at you and caused you to hit a guardrail but their car never touched yours, the “phantom vehicle” rule is much harder to apply.
- The 24-Hour Reporting Window: You are generally required to report the accident to the police within 24 hours. Failing to do this can give insurance companies a reason to deny your claim later.
Why You Need a Car Accident Lawyer
You might think that because you are dealing with your insurance company, they will be on your side. Unfortunately, that isn’t always the case. Once you file a UM claim, your interests and your insurance company’s interests are “adversarial”—they want to pay out as little as possible.
An experienced attorney at Katzman & Sugden, LLC ensures that:
- You meet all policy deadlines (which are often shorter than the state’s statute of limitations).
- Evidence from the scene (nearby dashcams or doorbell cameras) is preserved.
- Your injuries are properly valued so you don’t accept a lowball settlement.
Don’t Let a Hit & Run Driver Leave You with the Bill
Being the victim of a hit-and-run is overwhelming, but it is not a dead end. As long as you reported the crash and have an active Illinois insurance policy, there is a path to recovery.
If you’ve been injured in a hit-and-run in Belleville or St. Clair County, contact Katzman & Sugden, LLC today for a free consultation. We’ll help you find the compensation you deserve.
Daniel C. Katzman is a Partner at Katzman & Sugden, LLC and is licensed to practice law in Illinois and Missouri. Daniel was born and raised in Belleville, Illinois where his dad, Steven E. Katzman has had his law office for over 40 years. Daniel joined the law firm of Katzman & Sugden, LLC after receiving his J.D. from St. Louis University School of Law in 2011, where he earned certificates in Health Law and Employment Law. Prior to that, he received his undergraduate degree in Health: Science, Society & Policy from Brandeis University in Waltham, Massachusetts. Combining his background in health policy and law, Daniel focuses his practice on assisting clients who have been injured through no fault of their own. He is admitted to practice law in Illinois, Missouri, the United States District Court for the Southern District of Illinois, and the United States District Court for the Eastern District of Missouri.