Part of insurance laws in Illinois requires uninsured motorist limits of $20,000 per person and a total of $40,000 per accident. Since the person that hit you and caused bodily injury to your family was uninsured you should file a claim under your UM coverage.
Illinois law mandates that no person should operate, nor owner permit another person to operate, a motor vehicle which not covered by the minimum liability insurance. If the teenager that hit you was not insured, but not cited because he showed what appeared to be proof of insurance at the scene of the accident, you should alert the Illinois Secretary of State (SOS) office with this information.
Through provisions of the Safety and Financial Responsibility Law, motorists are held responsible for accident damages both administratively and through the court system. A driver that has been involved in an accident without having valid insurance in many cases is required to file proof of FR through the SR-22 form for a period of 1 to 3 years.
To get the uninsured to pay for damages you will likely have to take him to court and get a judgment against him. Under this procedure, the person who suffered damages from the uninsured crash takes action in court and then the court orders the uninsured motorist to satisfy the judgment.
If the judgment is unsatisfied (unpaid) for 30 days, the court can order the Secretary of State to suspend the individuals driving and registering privileges. The suspension remains in effect until the requirements set forth by the court are met. If the judgment is for $500 or more, FR insurance (SR-22) must be files for 3 years.
For more information regarding the laws involved with an uninsured motorist who has caused property and bodily injuries when at fault in an accident, contact a lawyer, or the Safety and Financial Responsibility Section of the Drivers Services Department of the SOS.
As of July 1, 2007 the state of Illinois toughen the penalties for driving without insurance. Now if an individual is convicted of driving without insurance they will face an automatic three month suspension of their driver's license and must pay a reinstatement fee of $100 before they can get their license back due to the passing of SB 624.
SB 624 is an amendment to the already existing Illinois Vehicle Code and the Unified Code of Corrections, which penalizes motorists without insurance with a fine of $500 to $1000. So the reinstatement fee is addition to a fine of up to $1,000 that uninsured drivers can also be required to pay. Anyone convicted of driving without insurance while their license is suspended will receive an additional six month suspension.