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illinois law

Have you looked at your insurance policy lately?

May 30, 2017 by Levinson and Stefani Leave a Comment

It never hurts to brush up

Like most states, Illinois requires drivers to a carry a minimum of $25,000 in liability coverage, a relatively low number compared to other states.

It’s called the mandatory insurance law,  enacted in 1989 and updated in 2013, which increased the mandatory minimum from $20,000 to $25,000. The idea was to protect drivers from spending out-of-pocket for accident claims. It was a victory for Representative Laura Fine, a Glenview Democrat and sponsor of the bill, whose husband was involved in a severe accident that forced responders to amputate his arm. Fine recalled later that she and her family were at the mercy of astronomically high medical bills.

The new provisions of the mandatory minimum went into effect more than two years ago, yet it feels as though we’re still revealing what drivers should already know. The insurance laws in Illinois call for two forms of insurance coverage—liability and uninsured motorist coverage. Both types protect you in different ways. If you’re a driver, it’s important to understand what types coverage you’re required to carry. It’s also important to know what types of optional insurance coverage exist and how they work. Here’s a short refresher.

Mandatory Insurance in the State of Illinois

Liability: $25,000 per person. A requirement under most state laws that covers the costs associated with an accident that you were responsible for causing. That accounts for bodily injuries and property damage. It’s the most common type of insurance coverage, which is intended to provide financial assistance to the other party involved.

Uninsured and Underinsured: Coverage against uninsured and underinsured (UM/UIM) drivers is required in Illinois. In 2011, the Insurance Research Council found that one in seven drivers were uninsured. Uninsured motorist coverage protects you in the event that another driver is responsible for a crash, but doesn’t carry insurance. Underinsurance coverage is similar, in the sense that it protects you if the at-fault driver’s liability insurance is too low to cover costs of an accident. Illinois is one of 21 states that requires uninsured and underinsured coverage. By law, the UM/UIM policy limit equals your liability policy limit.

Optional Insurance

Collision insurance: Covers damages to your car in the event of a crash

Comprehensive: Pays for repairs in non-accident related damages to your car (i.e. an act of vandalism)

Medical payments: Covers medical costs if you’re injured in or by a motor vehicle

Uninsured property motorist damage: Covers damages to your car after an accident with an uninsured driver

Coming 2016: New laws for Illinois drivers

December 22, 2015 by Ken Levinson Leave a Comment

Illinois House of Representatives (Photo: Daniel Schwen)
Illinois residents will soon feel the impact of several new laws taking effect in 2016, including those pertaining to road and public safety. In preparation for the New Year we’ve put together a “Greatest Hits” list for you to peruse before the holidays.

On the road again (with restrictions)

One of Illinois’ new laws deals with a topic we’ve covered here on the blog before, stirring a bit of controversy amongst our fellow attorneys. Starting January 1, repeat DUI offenders will soon have an opportunity to obtain a restricted driving permit after meeting certain conditions determined by the state. Under the new law, a person with as many as four DUI convictions will be eligible to apply for a permit after demonstrating their sobriety and practical needs for a vehicle. Multiple DUI convictions have damaging effects on people’s driving records, which, unfortunately, has forced many drivers with revoked licenses to get behind the wheel of a car illegally. This new law aims to curb that trend. Additionally, a law from Senator Jason Barickman’s office would also require individuals convicted of two or more DUIs or reckless homicide convictions to install a Breath Alcohol Ignition Interlock Device as a condition of a Restricted Driving Permit.

Slowing it down

Senator Pat McGuire introduced a bill that will require drivers to slow down when approaching waste service vehicles like recycling trucks, an issue that intends to improve the safety conditions of workers on the job. The new law “Provides for the circumstances in which the 15 mile per hour speed limitation on passing waste service vehicles shall apply,” also known as the “slow down” law. Offenders could be forced to pay upwards of $1,000 in fines, or even face jail time.

Immunity for minors (sort of)

After a few years in limbo, the governor has signed a previously introduced bill that grants amnesty to minors who call 911 for help, as in cases of alcohol poisoning, for example. Based on the language of the bill, police would have the authority to determine whether protection from legal discipline is appropriate. The plan is modeled after a similar one addressing heroin overdoses, with at least two-dozen other states that have implemented similar laws in recent years.

Below are some other new laws that relate to life on the road:

Public Act 099-0290: The License Plate Visibility Exemption: allows for trucks with rear-attached forklifts to be exempt from the requirement that their license plate be clearly visible.

Public Act 099-0237: Reduced Weight Limit on Roads: Highway commissioners may permanently post roads at a reduced weight limit after holding a public forum regarding reasons for and against imposing the limit. County superintendents of highways then have the final deciding power in the matter after the public forum.

Public Act 099-0376: School Bus Industry Requirements: Provides that a private carrier employer of school bus drivers shall be held to a standard of ordinary care for intentional acts committed in the course of employment by a bus driver permit holder.

Public Act 099-0291: Trucking Violations: Provides that any driver who willfully violates specified motor carrier safety regulations including driving under the influence; motor carrier drivers’ hours of service; motor carrier qualifications for drivers; or other violations which would place the driver or vehicle out of service is guilty of a Class 3 felony when the violation results in a motor vehicle accident that causes great bodily harm, permanent disability or disfigurement, or death to another person.

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