Uninsured/Underinsured Motorist Complaint - Illinois

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. Arbitration Prerequisite
8. Count I — Breach of Contract (UM/UIM Benefits)
9. Count II — Statutory Bad Faith (215 ILCS 5/155)
10. Damages
11. Demand for Jury Trial
12. Prayer for Relief
13. Rule 222(b) Affidavit of Damages Sought

Caption

IN THE CIRCUIT COURT OF [COUNTY NAME] COUNTY, ILLINOIS

[____] JUDICIAL CIRCUIT

Parties

1. Plaintiff, [PLAINTIFF FULL NAME] ("Plaintiff"), is an individual residing in [CITY], [COUNTY] County, Illinois, and is an insured under the automobile insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME] ("Defendant Insurer"), is a corporation organized and existing under the laws of [STATE OF INCORPORATION], authorized to transact insurance business in the State of Illinois, with its principal office at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this matter pursuant to the Illinois Constitution, Art. VI, § 9, and 735 ILCS 5/2-209.

5. Plaintiff seeks monetary relief for the policy benefits and injuries alleged below.

6. Venue is proper in [COUNTY] County pursuant to 735 ILCS 5/2-101 because [☐ the transaction or some part thereof out of which the cause of action arose occurred in this county / ☐ Defendant resides or conducts business in this county].

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY/ROUTE], in [CITY/VILLAGE/TOWNSHIP], [COUNTY] County, Illinois.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, proximately causing a collision with Plaintiff's vehicle.

9. The Uninsured/Underinsured Motorist was negligent in one or more of the following ways:

☐ Operated a vehicle at an excessive rate of speed
☐ Failed to yield the right of way
☐ Failed to keep a proper lookout
☐ Followed too closely in violation of 625 ILCS 5/11-710
☐ Drove under the influence of alcohol or drugs in violation of 625 ILCS 5/11-501
☐ Disobeyed a traffic control device
☐ Made an improper lane change
☐ Used a wireless telephone in violation of 625 ILCS 5/12-610.2
☐ Other: [________________________________]

10. As a direct and proximate result of the above-described negligence, Plaintiff sustained serious personal injuries and damages.

Policy Identification and Coverage

11. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

12. The Policy provides uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident, as required by 215 ILCS 5/143a.

13. The Policy provides underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident, pursuant to 215 ILCS 5/143a-2.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

15. [Plaintiff did not make the written lower-limit election or rejection of additional UM coverage described in 215 ILCS 5/143a-2(2) / the Policy provides UM only at the statutory minimum and no UIM coverage is alleged / other policy-specific allegation: [DESCRIBE]].

16. Section 143a requires UM coverage at least at the Section 7-203 minimums. Section 143a-2 generally requires additional UM coverage equal to the Policy's bodily-injury liability limits unless reduced or rejected in the writing described in subsection (2), and requires UIM coverage equal to UM coverage when the UM limits exceed the statutory minimums. The Policy's applicable limits and elections are: [DESCRIBE AND ATTACH].

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

17. The at-fault motorist was uninsured at the time of the accident in that [☐ no bodily injury liability policy was in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer denied coverage or is insolvent].

☐ Underinsured Motorist (UIM) Claim:

18. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is insufficient to compensate Plaintiff for the full extent of damages sustained.

19. Plaintiff has exhausted the at-fault motorist's bodily injury liability limits and received $[AMOUNT RECOVERED FROM TORTFEASOR] in [☐ settlement / ☐ judgment].

20. Defendant Insurer was provided with timely written notice and opportunity to consent to the settlement with the tortfeasor's insurer.

21. Under 215 ILCS 5/143a-2(4), Defendant Insurer's UIM liability limit equals the applicable UIM coverage limit less the amounts Plaintiff actually recovered under the tortfeasor's applicable bodily-injury policies, bonds, or other security. Plaintiff seeks covered damages within that remaining limit.

Arbitration Prerequisite

22. The Policy contains an arbitration clause, as required by 215 ILCS 5/143a, providing that disputes regarding UM/UIM coverage and the amount of damages shall be submitted to arbitration.

23. [☐ Plaintiff has demanded arbitration of the amount of damages and/or coverage dispute in accordance with the Policy and 215 ILCS 5/143a, and this Count is brought to enforce an arbitration award that Defendant Insurer has failed to pay / ☐ The Policy's arbitration clause does not apply because this action presents solely a coverage question properly resolved by declaratory judgment / ☐ Defendant Insurer has waived or is estopped from asserting the Policy's arbitration requirement / ☐ The parties have agreed in writing to resolve this dispute in a judicial forum in lieu of arbitration].

Count I

Breach of Contract (UM/UIM Benefits)

24. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 23.

25. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

26. Plaintiff has performed all conditions, covenants, and promises required under the Policy, including any applicable arbitration prerequisite described above, or has been excused from performance.

27. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff despite proper and timely demand.

28. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial.

Count II

Statutory Bad Faith (215 ILCS 5/155)

29. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 28.

30. Section 155 of the Illinois Insurance Code (215 ILCS 5/155) provides for additional relief when an insurer's delay or denial in settling a claim is vexatious and unreasonable. Recovery under Section 155 is an extra-contractual remedy that presupposes an underlying action or award on the Policy; it does not itself create a stand-alone cause of action independent of the breach-of-contract or arbitration-enforcement claim asserted above.

31. Defendant Insurer's conduct in handling Plaintiff's UM/UIM claim has been vexatious and unreasonable in that:

☐ Defendant unreasonably delayed investigation of the claim
☐ Defendant denied benefits without a bona fide coverage dispute
☐ Defendant failed to make a reasonable settlement offer despite clear liability and damages
☐ Defendant forced Plaintiff to incur unnecessary litigation expenses
☐ Other: [________________________________]

32. If the Court finds Defendant Insurer's conduct vexatious and unreasonable, Plaintiff requests the attorney's fees, other costs, and additional amount the Court may allow under 215 ILCS 5/155(1). The additional amount may be measured under any one of these statutory alternatives: (a) up to 60% of the amount found recoverable against Defendant Insurer, exclusive of costs; (b) up to $60,000; or (c) up to the excess of the amount found recoverable, exclusive of costs, over Defendant Insurer's pre-action settlement offer, if any.

Damages

33. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Emotional distress: $[AMOUNT]
☐ Disfigurement: $[AMOUNT]
☐ Disability (temporary and/or permanent): $[AMOUNT]
☐ Loss of normal life: $[AMOUNT]
☐ Section 155 additional amount under any one statutory measure, if allowed by the Court; attorney fees and costs requested separately
☐ Prejudgment interest
☐ Costs of suit

Demand for Jury Trial

Plaintiff hereby demands a trial by jury on all issues so triable.

Prayer for Relief

WHEREFORE, Plaintiff, [PLAINTIFF FULL NAME], prays for judgment against Defendant Insurer as follows:

1. Compensatory damages in an amount to be determined at trial;
2. UM/UIM policy benefits in the full amount owed under the Policy;
3. An additional amount under any one of the three measures in 215 ILCS 5/155(1), if allowed by the Court;
4. Reasonable attorney's fees and costs pursuant to 215 ILCS 5/155;
5. Prejudgment interest;
6. Costs of suit; and
7. Such other and further relief as this Court deems just and equitable.

Respectfully submitted,

[ATTORNEY NAME], ARDC No. [ARDC NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Illinois [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Illinois

Sources and References

• 215 ILCS 5/143a — Illinois General Assembly
• 215 ILCS 5/143a-2 — Illinois General Assembly
• 215 ILCS 5/155 — Illinois General Assembly
• 625 ILCS 5/7-601 — Illinois General Assembly
• 735 ILCS 5/2-101 — Illinois General Assembly
• 735 ILCS 5/13-206 — Illinois General Assembly
• Illinois UM Statute — LegalClarity

ATTACHMENT — RULE 222(b) AFFIDAVIT OF DAMAGES SOUGHT

Attach this damages-threshold affidavit to the initial money-damages pleading for each plaintiff under Rule 222(b). Select one alternative. The plaintiff may sign the certification under 735 ILCS 5/1-109 without a notary.

I, [PLAINTIFF NAME], am a plaintiff in this action. The total money damages I seek [do / do not] exceed $50,000, exclusive of interest and costs. Under penalties as provided by law pursuant to 735 ILCS 5/1-109, I certify that the statements in this affidavit are true and correct.

Plaintiff signature: ______________________________ Date: ______________