After a car accident in Illinois, one of the most pressing questions is how to find out the other driver’s policy limits, and whether that coverage is enough to compensate you for your injuries. The answer is not always obvious, but Illinois law gives injured claimants a concrete legal mechanism to obtain this information when it matters most.
This article provides general legal information; consult with a licensed Illinois attorney for advice specific to your situation.
How to Find Out the Other Driver’s Policy Limits in Illinois: The Statutory Right
Illinois has a specific statute addressing this exact question. Under 215 ILCS 5/143.24b, an insurer must disclose the limits of any liability policy to a person who has made a claim for bodily injury, provided that the request is made by certified letter and includes a brief description of the injury along with a statement of medical bills incurred to date and copies of supporting medical records. The insurer then has 30 days from receipt of the certified letter to disclose the coverage amount, not the shorter window sometimes cited elsewhere; getting this deadline right matters because it is the date you can escalate a non-response, not just a rough guideline. This applies to the at-fault driver’s own insurer, the company that issued the policy covering the vehicle that struck you.
This is a legally enforceable right. If the insurer fails to respond within 30 days, or provides false information, it may face consequences under the Illinois Insurance Code. Knowing how to find out the other driver’s policy limits in Illinois through this process is an important early step in evaluating your claim.
How to Send the Certified Letter Request
The process under 215 ILCS 5/143.24b is straightforward, but the letter must meet certain basic requirements:
- Address the letter to the insurer (not the at-fault driver personally) using the insurer’s official claims address
- Identify the date, location, and parties involved in the crash
- State that you are a claimant asserting a bodily injury claim, with a brief description of the injury
- Include a statement of medical bills incurred to date, with supporting records, since the statute requires this to trigger the disclosure duty
- Specifically request disclosure of all applicable liability policy limits under 215 ILCS 5/143.24b
- Send the letter via certified mail, return receipt requested, and keep the green card when it comes back
Once you have the insurer’s identity, which you can typically get from the police crash report or from the at-fault driver directly at the scene, you can direct your certified letter to the correct company. Illinois law requires a driver involved in a crash to provide their name, address, and vehicle registration information to the other parties at the scene under 625 ILCS 5/11-403; in practice, most drivers also exchange insurance-card information at the same time, which gives you the insurer’s name even before the police report is available.
Illinois Minimum Liability Limits: What to Expect
Illinois sets low mandatory minimums, and they have not changed. Under 625 ILCS 5/7-203, and as confirmed by the Illinois Department of Insurance, the required minimums are:
- $25,000 per person for bodily injury
- $50,000 per occurrence for bodily injury (when more than one person is injured)
- $20,000 for property damage
These are the floor, not the ceiling. Many drivers carry higher limits, and some carry additional coverage through umbrella policies. However, the mandatory disclosure mechanism under 143.24b applies to the primary liability policy, not to an umbrella. Understanding the distinction is important when evaluating total available coverage. For a broader look at insurance issues in accident claims, visit our insurance claims guidance hub.
The Umbrella Policy Exception
A critical limitation of 215 ILCS 5/143.24b is that it applies only to the primary liability policy, not to umbrella or excess policies the at-fault driver may hold. Illinois courts have interpreted the statute narrowly in this regard. Even if you know or suspect the at-fault driver has an umbrella policy, the insurer is not required to disclose those limits in response to a certified letter under 143.24b.
This does not mean umbrella coverage is entirely inaccessible. In litigation, discovery rules allow parties to obtain insurance information under Illinois Supreme Court Rule 213 and the Illinois Code of Civil Procedure. An attorney can also sometimes identify umbrella coverage through other means during pre-litigation negotiations, such as the driver’s own deposition testimony once suit is filed, homeowner’s-policy cross-references, or a driver’s occupation and asset profile suggesting an umbrella policy likely exists. The point is that the 143.24b mechanism has limits, and claimants should not assume they have seen the full picture based solely on the primary policy disclosure.
A Realistic Example
Hypothetical, for illustration only: A Chicago claimant is struck by a driver who was clearly at fault, and the resulting injuries include a fractured ankle requiring surgery. Medical bills alone exceed $40,000 before any wage loss or pain-and-suffering value is added. The claimant’s attorney sends a certified letter under 215 ILCS 5/143.24b, including the required description of the injury and medical bills to date, and 30 days later the insurer discloses the at-fault driver’s policy limit: the Illinois minimum, $25,000 per person. Because that limit is already exhausted by medical bills alone, the attorney immediately turns to the claimant’s own underinsured-motorist (UIM) coverage to make up the gap, rather than spending months negotiating against a policy that could never fully cover the claim in the first place. Knowing the limit early, within the first month or two rather than after a year of negotiation, changed the entire strategy of the case.
What Happens If the At-Fault Driver’s Policy Limits Are Not Enough
If the other driver’s liability limits are insufficient to cover your losses, Illinois law provides an additional layer of protection through your own uninsured and underinsured motorist (UIM) coverage, governed in part by 215 ILCS 5/143a-2. UIM coverage can bridge the gap between the at-fault driver’s policy limits and the actual value of your damages, though the mechanics of how that calculation works are more complex than many claimants expect, since most UIM policies apply a setoff for what the at-fault driver’s carrier already paid rather than simply stacking on top of it. An attorney can help you evaluate all available sources of recovery.
Frequently Asked Questions
What if the insurer ignores my certified letter entirely?
A failure to respond within the 30-day window is itself something an attorney can raise with the insurer’s claims supervisor, and repeated non-responsiveness can be reported to the Illinois Department of Insurance as a potential violation of the insurer’s statutory obligations. Keep the certified-mail receipt as proof of when the 30-day clock started.
Can I send the 143.24b letter myself, without a lawyer?
Yes, nothing in the statute requires the letter to come from an attorney. That said, the letter has to include the specific elements the statute requires (injury description, medical bills to date, supporting records) to trigger the disclosure duty, and an incomplete letter gives the insurer a technical basis to delay or decline. Many claimants have an attorney send it to make sure it is done correctly the first time.
Does requesting policy limits early hurt my negotiating position?
No. Knowing the actual ceiling of available coverage as early as possible is what lets you and your attorney build an accurate strategy, whether that means pursuing UIM coverage sooner, adjusting settlement expectations, or identifying additional defendants. Negotiating without knowing the limits risks spending months pursuing a number the policy could never pay.
Does the 30-day disclosure rule apply to my own insurer too?
215 ILCS 5/143.24b is written to apply to disclosure requests made to an insurer by a claimant, which most commonly means the at-fault driver’s carrier. Your own carrier’s obligations around your own policy’s UM/UIM limits are governed by your policy terms and general Illinois claims-handling law rather than this specific statute, though your own insurer already knows its own limits and typically does not need a formal certified-letter process to confirm them to you.
Talk to a Chicago Attorney, Free Consultation
If you or a family member has been harmed, the attorneys at Phillips Law Offices are ready to help. Call (312) 346-4262 or contact us online for a free, no-obligation consultation. We handle cases throughout the Chicago metropolitan area.
When the at-fault driver has no coverage or not enough, your own policy is the route to recovery. See our guide to uninsured and underinsured motorist claims.
Related guides on uninsured and underinsured motorist claims
- Start here: What If the Other Driver Was Uninsured or Underinsured in Chicago?
- Illinois Minimum Auto Insurance Limits (25/50/20) and What Happens When Coverage Is Too Low
- Underinsured Motorist Setoffs in Illinois: Why Your UIM Limit Is Not What You Collect
- What Happens When Your UM or UIM Claim Is Denied: Arbitration Under Your Illinois Policy
- What If the At-Fault Driver Has a Nonstandard Insurer Like The General?
Talk to a Chicago uninsured motorist lawyer. Phillips Law Offices offers a free case review, and there is no fee unless we recover for you. Call (312) 346-4262 or request a free case review.
This article is general information about Illinois law, not legal advice, and reading it does not create an attorney-client relationship. Illinois law changes; confirm anything you intend to rely on with a licensed Illinois attorney.