Legal Question in Civil Litigation in Illinois

My car was totaled and I can't get compensated!!

In Nov. of this year a man ran a light & hit my car. 3 weeks ago I got a letter from an insurance co. that said he was insured with them. Now, they are saying that they don't know if the car will be covered because the car he was driving was not insured. We went to court (he was arrested & ticketed for no ins, no license). He was fined for not having insurance and found guilty of running the red light. He told the judge that he has SR22 and that they told him when he got it that he would be covered no matter what car he was driving. I have been in contact with the ins. co. and they are saying that they have to talk to their insured again before denying/approving the claim. They told my husband that they have not been able to reach him. I am at wits end! I only had liability and no ''uninsured driver'' rider on my policy. My 96 Aurora was totaled according to the adjuster from the ins. co. What are my options? I was thinking I would call the man to ask him to speak with his ins. co. so I can get this resolved otherwise I would have no other alternative but to file a civil lawsuit against him. Would I be violating any laws by doing this as long as it is not in a ''threatening'' manner. Please help me?


Asked on 12/17/04, 1:44 pm

1 Answer from Attorneys
Nima Taradji Taradji Law Offices

Re: My car was totaled and I can't get compensated!!

Sorry to hear about you loss.

I gather that you have only a property damage claim and that there is no personal injury claim to go along with it.

If this is true then uninsured motor coverage will not cover your property damage (as you well know).

It is OK to call the other driver and ask him to contact his insurance company--if he does not cooperate (a situation that the insurance companies LOVE) then the ins. company will simply refuse coverage under their non-compliance clause.

You can talk to the other driver and tell him that fact. Although I doubt the other driver cares about that.

You are in a difficult position. I have been in that position before and the ONLY way to get the insurance company to come to play is to file suit, serve the guy and then put the ins. company in a position to see whether it would be mosre cost effective to pay you or file a declaratory action asking the court to declare the ins. coverage void because of non-compliance (although the courts do not like to find no insurance based on that reason).

I hope all this helps,

good luck

Nima Taradji

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Answered on 12/17/04, 3:58 pm


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