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Illinois Supreme Court Widens Uninsured Motorist Coverage for All Road Users

In a landmark decision, the Illinois Supreme Court delivered a judgment in Galarza v. Direct Auto Insurance Co., 2023 IL 129031, which significantly broadens the scope of uninsured motorist (UM) coverage under Illinois law. This ruling has profound implications for personal injury claims, especially for non-occupant victims such as pedestrians and bicyclists.

Background of the Case

The case arose from an incident where a minor was struck by an uninsured vehicle while riding his bicycle. The minor was covered under his father's Direct Auto insurance policy and, as a result, filed an uninsured motorist claim. Direct Auto denied the claim, arguing that uninsured motorist coverage did not extend to non-occupants of a covered vehicle.

Court’s Analysis and Decision

The Supreme Court examined the insurance policy's provisions in light of section 143a of the Illinois Insurance Code, which mandates uninsured motorist coverage. It confronted the issue of whether limiting uninsured motorist coverage to occupants of an “insured automobile” contravenes public policy. Ultimately, the Court affirmation the commitment to broad UM coverage by finding that the limiting of uninsured motorist coverage to only occupants of an "insured automobile" was inconsistent with public policy. In doing so, the Court emphasized the fact that the intent of having uninsured motorists' coverage was to provide adequate compensation for injuries from motor vehicle accidents, not just accidents that occur while you are in your vehicle.

The court's decision to explicitly extend uninsured motorist coverage to non-occupants is a significant step forward in protecting individuals like bicyclists and pedestrians struck by uninsured motorists.

Implications for Personal Injury Law

This ruling ensures that individuals are protected under UM coverage regardless of their physical position in relation to the insured vehicle at the time of the accident. As such, personal injury attorneys, such as Imeri Rogers, LLP, can now leverage this decision to advocate more effectively for clients injured in similar circumstances who are seeking UM coverage.

The decision also serves as a reminder that insurance policies should be interpreted in alignment with the broader objectives of public policy, as outlined in the Illinois Insurance Code.


The Illinois Supreme Court's decision in Galarza v. Direct Auto Insurance Co. represents a pivotal moment in personal injury law, expanding the rights of insured individuals under uninsured motorist coverage. As a law firm dedicated to advocating for victims of personal injury, Imeri Rogers, LLP is committed to utilizing this ruling to fight for the rights and compensation of our clients, especially those injured as pedestrians, bicyclists, or in similar situations.

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