215 ILCS 5/143a
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article IX - Provisions Applicable To All Companies

 (from Ch. 73, par. 755a)Sec. 143a. Uninsured and hit and run motor vehicle coverage.(1) No policy insuring against  loss resulting from liability imposed by law for bodily injury or death  suffered by any person arising out of the ownership, maintenance or use  of a motor vehicle that is designed for use on public highways and that  is either required to be registered in this State or is principally garaged  in this State shall be renewed, delivered, or issued for delivery  in this State unless coverage is provided therein or  supplemental thereto, in limits for bodily injury or death set forth in  Section 7-203 of the Illinois Vehicle Code for the  protection of persons insured thereunder who are legally entitled to  recover damages from owners or operators of uninsured motor vehicles and  hit-and-run motor vehicles because of bodily injury, sickness or  disease, including death, resulting therefrom. Uninsured motor vehicle  coverage does not apply to bodily injury, sickness, disease, or death resulting  therefrom, of an insured while occupying a motor vehicle owned by, or furnished  or available for the regular use of the insured, a resident spouse or resident  relative, if that motor vehicle is not described in the policy under which a  claim is made or is not a newly acquired or replacement motor vehicle covered  under the terms of the policy.  The limits for any coverage for any vehicle  under the policy may not be aggregated with the limits for any similar  coverage, whether provided by the same insurer or another insurer, applying to  other motor vehicles, for purposes of determining the total limit of insurance  coverage available for bodily injury or death suffered by a person in any one  accident.  No  policy shall be renewed, delivered, or issued for delivery in this  State unless it is provided therein that any dispute  with respect to the coverage and the amount of damages shall be submitted  for arbitration to the  American Arbitration Association and be subject to its rules for the conduct  of arbitration hearings  as to all matters except medical opinions.  As to medical opinions, if the  amount of damages being sought is equal to or less than the amount provided for  in Section 7-203 of the Illinois Vehicle Code, then the current American  Arbitration Association Rules shall apply.  If the amount being sought in an  American Arbitration Association case exceeds that amount as set forth in  Section 7-203 of the Illinois Vehicle Code, then the Rules of Evidence that  apply in the circuit court for placing medical opinions into evidence shall  govern.  Alternatively, disputes with respect to damages and the coverage shall  be  determined in the  following  manner:  Upon the insured requesting arbitration, each party to the  dispute shall select an arbitrator and the 2 arbitrators so named  shall select a third arbitrator.  If such arbitrators are not selected  within 45 days from such request, either party may request that the  arbitration be submitted to the American Arbitration Association.  Any decision made by the arbitrators shall be binding for the amount of  damages not exceeding $75,000 for bodily injury to or  death of any one person, $150,000 for bodily injury to or death of 2 or more  persons in any one motor vehicle accident,  or the corresponding policy limits for bodily injury or death, whichever is  less.  All 3-person arbitration cases proceeding in accordance with any uninsured  motorist  coverage conducted in this State in  which the claimant is only seeking monetary damages up to the limits  set forth in Section 7-203 of the Illinois Vehicle Code  shall be subject to the following rules:(A) If at least 60 days' written notice of the     intention to offer the following documents in evidence is given to every other party, accompanied by a copy of the document, a party may offer in evidence, without foundation or other proof:(1) bills, records, and reports of hospitals,         doctors, dentists, registered nurses, licensed practical nurses, physical therapists, and other healthcare providers;(2) bills for drugs, medical appliances, and         prostheses;(3) property repair bills or estimates, when         identified and itemized setting forth the charges for labor and material used or proposed for use in the repair of the property;(4) a report of the rate of earnings and time         lost from work or lost compensation prepared by an employer;(5) the written opinion of an opinion witness,         the deposition of a witness, and the statement of a witness that the witness would be allowed to express if testifying in person, if the opinion or statement is made by affidavit or by certification as provided in Section 1-109 of the Code of Civil Procedure;(6) any other document not specifically covered         by any of the foregoing provisions that is otherwise admissible under the rules of evidence.Any party receiving a notice under this paragraph (A)     may apply to the arbitrator or panel of arbitrators, as the case may be, for the issuance of a subpoena directed to the author or maker or custodian of the document that is the subject of the notice, requiring the person subpoenaed to produce copies of any additional documents as may be related to the subject matter of the document that is the subject of the notice.  Any such subpoena shall be issued in substantially similar form and served by notice as provided by Illinois Supreme Court Rule 204(a)(4).  Any such subpoena shall be returnable not less than 5 days before the arbitration hearing.(B) Notwithstanding the provisions of Supreme Court     Rule 213(g), a party who proposes to use a written opinion of an expert or opinion witness or the testimony of an expert or opinion witness at the hearing may do so provided a written notice of that intention is given to every other party not less than 60 days prior to the date of hearing, accompanied by a statement containing the identity of the witness, his or her qualifications, the subject matter, the basis of the witness's conclusions, and his or her opinion.(C) Any other party may subpoena the author or maker     of a document admissible under this subsection, at that party's expense, and examine the author or maker as if under cross-examination.  The provisions of Section 2-1101 of the Code of Civil Procedure shall be applicable to arbitration hearings, and it shall be the duty of a party requesting the subpoena to modify the form to show that the appearance is set before an arbitration panel and to give the time and place set for the hearing.(D) The provisions of Section 2-1102 of the Code of     Civil Procedure shall be applicable to arbitration hearings under this subsection.(2) No policy insuring  against loss resulting from liability imposed by law for property damage  arising out of the ownership, maintenance, or use of a motor vehicle shall  be renewed, delivered, or issued for delivery in this State with respect  to any private passenger or recreational motor vehicle that is  designed for use on public highways and that is either required to be  registered in this State or is principally garaged in this State and  is not covered by collision insurance under the provisions of such  policy, unless coverage is made available in the amount of the actual  cash value of the motor vehicle described in the policy or $15,000  whichever is less, subject to a $250 deductible, for the protection of  persons insured thereunder who are legally entitled to recover damages from  owners or operators of uninsured motor vehicles and hit-and-run motor  vehicles because of property damage to the motor vehicle described in the  policy.There shall be no liability imposed under the uninsured motorist  property damage coverage required by this subsection if the owner or  operator of the at-fault uninsured motor vehicle or hit-and-run motor  vehicle cannot be identified.  This subsection shall not apply to any  policy which does not provide primary motor vehicle liability insurance for  liabilities arising from the maintenance, operation, or use of a  specifically insured motor vehicle.Each insurance company providing motor vehicle property damage liability  insurance shall advise applicants of the availability of uninsured motor  vehicle property damage coverage, the premium therefor, and provide a brief  description of the coverage.  That information  need be given only once and shall not be required in any subsequent renewal,  reinstatement or reissuance, substitute, amended, replacement or  supplementary policy.  No written rejection shall be required, and  the absence of a premium payment for uninsured motor vehicle property damage  shall constitute conclusive proof that the applicant or policyholder has  elected not to accept uninsured motorist property damage coverage.An insurance company issuing uninsured motor vehicle  property damage coverage may provide that:(i) Property damage losses recoverable thereunder     shall be limited to damages caused by the actual physical contact of an uninsured motor vehicle with the insured motor vehicle.(ii) There shall be no coverage for loss of use of     the insured motor vehicle and no coverage for loss or damage to personal property located in the insured motor vehicle.(iii) Any claim submitted shall include the name and     address of the owner of the at-fault uninsured motor vehicle, or a registration number and description of the vehicle, or any other available information to establish that there is no applicable motor vehicle property damage liability insurance.Any dispute with respect to the coverage and the amount of  damages shall be submitted for  arbitration to the American Arbitration Association and be subject to its  rules for the conduct of arbitration hearings or for determination in  the following manner:  Upon the insured requesting arbitration, each party  to the dispute shall select an arbitrator and the 2 arbitrators so named  shall select a third arbitrator.  If such arbitrators are not selected  within 45 days from such request, either party may request that the  arbitration be submitted to the American Arbitration Association.  Any arbitration proceeding under this subsection seeking recovery for  property damages shall be  subject to the following rules:(A) If at least 60 days' written notice of the     intention to offer the following documents in evidence is given to every other party, accompanied by a copy of the document, a party may offer in evidence, without foundation or other proof:(1) property repair bills or estimates, when         identified and itemized setting forth the charges for labor and material used or proposed for use in the repair of the property;(2) the written opinion of an opinion witness,         the deposition of a witness, and the statement of a witness that the witness would be allowed to express if testifying in person, if the opinion or statement is made by affidavit or by certification as provided in Section 1-109 of the Code of Civil Procedure;(3) any other document not specifically covered         by any of the foregoing provisions that is otherwise admissible under the rules of evidence.Any party receiving a notice under this paragraph (A)     may apply to the arbitrator or panel of arbitrators, as the case may be, for the issuance of a subpoena directed to the author or maker or custodian of the document that is the subject of the notice, requiring the person subpoenaed to produce copies of any additional documents as may be related to the subject matter of the document that is the subject of the notice.  Any such subpoena shall be issued in substantially similar form and served by notice as provided by Illinois Supreme Court Rule 204(a)(4).  Any such subpoena shall be returnable not less than 5 days before the arbitration hearing.(B) Notwithstanding the provisions of Supreme Court     Rule 213(g), a party who proposes to use a written opinion of an expert or opinion witness or the testimony of an expert or opinion witness at the hearing may do so provided a written notice of that intention is given to every other party not less than 60 days prior to the date of hearing, accompanied by a statement containing the identity of the witness, his or her qualifications, the subject matter, the basis of the witness's conclusions, and his or her opinion.(C) Any other party may subpoena the author or maker     of a document admissible under this subsection, at that party's expense, and examine the author or maker as if under cross-examination.  The provisions of Section 2-1101 of the Code of Civil Procedure shall be applicable to arbitration hearings, and it shall be the duty of a party requesting the subpoena to modify the form to show that the appearance is set before an arbitration panel and to give the time and place set for the hearing.(D) The provisions of Section 2-1102 of the Code of     Civil Procedure shall be applicable to arbitration hearings under this subsection.(3) For the purpose of the coverage, the term "uninsured motor  vehicle" includes, subject to the terms and conditions of the coverage,  a motor vehicle where on, before or after the accident date the  liability insurer thereof is unable to make payment with respect to the  legal liability of its insured within the limits specified in the policy  because of the entry by a court of competent jurisdiction of an order of  rehabilitation or liquidation by reason of insolvency on or after the  accident date. An insurer's extension of coverage, as provided in this  subsection, shall be applicable to all accidents occurring after July  1, 1967 during a policy period in which its insured's uninsured motor  vehicle coverage is in effect. Nothing in this Section may be construed  to prevent any insurer from extending coverage under terms and  conditions more favorable to its insureds than is required by this Section.(4) In the event of payment to any person under the coverage  required by this Section and subject to the terms and conditions of the  coverage, the insurer making the payment shall, to the extent thereof,  be entitled to the proceeds of any settlement or judgment resulting from  the exercise of any rights of recovery of the person against any person  or organization legally responsible for the property damage, bodily  injury or death for which the payment is made, including the proceeds  recoverable from the assets of the insolvent insurer. With respect to  payments made by reason of the coverage described in subsection (3), the  insurer making such payment shall not be entitled to any right of recovery  against the tortfeasor in excess of the proceeds recovered from the assets  of the insolvent insurer of the tortfeasor.(5) This amendatory Act of 1967 (Laws of Illinois 1967, page 875) shall not be construed to terminate  or reduce any insurance coverage or any right of any party under this  Code in effect before July 1, 1967. Public Act 86-1155 shall not  be construed to terminate or reduce any insurance coverage or any right of  any party under this Code in effect before its effective date.(6) Failure of the motorist from whom the claimant is legally  entitled to recover damages to file the appropriate forms with the  Safety Responsibility Section of the Department of Transportation within  120 days of the accident date shall create a rebuttable presumption that  the motorist was uninsured at the time of the injurious occurrence.(7) An insurance carrier may upon good cause require the  insured to commence a legal action against the owner or operator of an  uninsured motor vehicle before good faith negotiation with the carrier.  If  the action is commenced at the request of the insurance carrier, the  carrier shall pay to the insured, before the action is commenced, all court  costs, jury fees and sheriff's fees arising from the action.The changes made by Public Act 90-451 apply to all policies of  insurance amended, delivered, issued, or renewed on and after January 1, 1998 (the effective  date of Public Act 90-451).(8) The changes made by Public Act 98-927 apply to all policies of  insurance amended, delivered, issued, or renewed on and after January 1, 2015 (the effective  date of Public Act 98-927). (Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15; 99-642, eff. 7-28-16.)