Legal Question in Civil Litigation in Illinois
Good afternoon,
I was involved in a traffic accident two years ago. I was uninsured as a result of my negligence while changing insurers. I tried to contact the other driver's insurance to no avail. I did not pursue the issue after going to traffic court and the other side not appearing. I found out this week that the insurance company has filed a personal injury subrogation claim against me. I accept responsibility for my actions and my role in this accident as an accident takes two. However it is my belief that she ran the light and I am not willing to shoulder the full cost of the accident. I am willing to pay half of the damages. What are my options and shouldn't I have been contacted prior to being sued?
2 Answers from Attorneys
Your options are to hire counsel to defend you. No, the insurere did not have to contact you before filing suit.
1- You have to answer the complaint filed against you and you have a limited time to do so, otherwise, the law may assume that you agree with everything in the lawsuit that has filed against you and the court may enter a judgment against you which the insurance company will be able to enforce and collect.
2- defending yourself is probably not something you can do unless you know all the Illinois Supreme Court Rules, Illinois Code of Procedures and have experience in that sort of defense. Chances are you NEED an attorney to defend you if you do not want to be short changed. Getting an attorney is your best course of action.
3- It is possible that you may be able to negotiate a settlement with the lawyer who has filed the lawsuit against you but if not, your choices are very limited.
I hope this helps-
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