Illinois General Assembly - Illinois Compiled Statutes

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215 ILCS 5/143a

(215 ILCS 5/143a)

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
crash.  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 crash,
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, unless coverage is made available in the amount of the actual
cash value of the motor vehicle described in the policy or the corresponding policy limit for uninsured motor vehicle property damage coverage,
whichever is less, subject to a maximum $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