Illinois Supreme Court Rules Cyclists and Pedestrians Must Be Covered Under Uninsured-Motorist Policies

In September 2020, fourteen-year-old Christopher Guiracocha was riding his bicycle through a Chicago intersection on a green light when a hit-and-run driver in an unidentified red vehicle struck him and fled the scene. He suffered injuries to his right arm, shoulder, and thigh that required medical treatment.

Christopher was an insured family member under his father Fredy Guiracocha's auto policy with Direct Auto Insurance Company. When the family submitted an uninsured-motorist claim, Direct Auto denied coverage on the ground that the policy restricted benefits to people 'occupying an insured automobile.' Because Christopher was on a bicycle rather than inside a car, the insurer argued, the claim did not qualify.

Disparti Law attorneys Jonel Metaj and Larry Disparti challenged that interpretation through the courts. The case traveled from Cook County Circuit Court through the Illinois Appellate Court, which reversed the circuit court and sided with the Guiracochas. Direct Auto petitioned the Illinois Supreme Court for review.

The Supreme Court accepted the case and, on November 30, 2023, issued a unanimous ruling affirming the appellate decision. Writing for the court, Justice Lisa Holder White held that the controlling question is whether the injured person's harm arose 'out of the ownership, maintenance or use of a motor vehicle,' not whether that person was sitting inside one. Section 143a of the Illinois Insurance Code, the court explained, extends uninsured-motorist protection to 'any person' covered under the policy, and a restrictive occupancy clause in the policy conflicted with that statutory command and with public policy.

'Make no mistake, this ruling is a win for all residents of Illinois,' said Larry Disparti in comments reported by ABC7 Chicago. Lead trial attorney Jonel Metaj added that policyholders should now understand their coverage follows them whether they are walking or biking: 'Your insurance will cover you.'

The decision created binding precedent across Illinois, meaning insurers statewide may no longer enforce occupancy-only exclusions against family members injured outside a vehicle by an uninsured or hit-and-run driver. The ruling was covered the same day by the Chicago Sun-Times, ABC7 Chicago, Capitol News Illinois, and NPR Illinois.