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. Count I — Breach of Contract (UM/UIM Benefits)
8. Count II — Statutory Bad Faith (215 ILCS 5/155)
9. Damages
10. Demand for Jury Trial
11. Prayer for Relief

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. The amount in controversy exceeds the jurisdictional minimum of this Court.

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 execute a valid written rejection of UM/UIM coverage.

16. The Policy UM/UIM limits equal or exceed the bodily injury liability limits of the Policy, as required by 215 ILCS 5/143a unless validly reduced in writing.

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. Pursuant to 215 ILCS 5/143a-2, UIM coverage supplements the difference between the tortfeasor's insurance limits and Plaintiff's actual damages, up to the UIM policy limits.

Count I

Breach of Contract (UM/UIM Benefits)

22. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 21.

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

24. Plaintiff has performed all conditions, covenants, and promises required under the Policy, or has been excused from performance.

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

26. 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)

27. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 26.

28. 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.

29. 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: [________________________________]

30. As a result of Defendant Insurer's vexatious and unreasonable conduct, Plaintiff is entitled to recover:
    - An additional amount not to exceed 60% of the amount recovered (215 ILCS 5/155(1));
    - Reasonable attorney's fees and costs; and
    - Any additional statutory penalties authorized by law.

Damages

31. 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]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Section 155 penalties (up to 60% of recovery + attorney's fees)
☐ 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. Section 155 statutory penalties, including up to 60% of the amount recovered;
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
• Illinois UM Statute — LegalClarity