Legal Question in Civil Litigation in Illinois

Rocky

I was exiting an interstate. I got a little past the entrance to the on ramp and had to quickly check to see if I could safely get on. I determined I still could and crossed the "v" area and in front of another car which had been behind me. Apparently some rocks went up in the air and the vehicle behind me recieved some hits to the windshield. The driver of the other vehicle, ran up on the shoulder next to me, yelling at me to stop. There was no good place for me to get off the road, so I told them to follow me to a nearby business. To make a long story short, I called my insurance company and he called the police. My insurance company took the claim and plans to deny it, saying rocks to windshields are not caused by the vehicle, but are an "act of god", ie. I'm not negligient. The damage to his windshield was barely visible, small nicks, no stars or cracks. There was no ticket issued, and no accident report, the officer wrote it up as an incident and really didn't want to do that much when he saw how little there was on the windshield. My question is, if this gentlman, who was very irate and unfriendly, takes me to court, would he be able to get a judgement against me and what should I do to defend myself?


Asked on 9/22/00, 1:05 pm

2 Answers from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Rocky

If the other driver takes you to court, meaning if you receive a summons and a complaint which are the papers that are delivered to you to advise you that you have been sued, immediately advise your insurance company in writing by certified mail, including a copy of the summons and complaint, that you received the papers. Under your policy of insurance, your insurer has a duty to defend you in court if you are sued for allegedly driving negligently, assuming it is a standard policy. This means that your insurer has a duty to hire you an attorney to defend you in court. The insurer also has the obligation to pay any judgment against you, up to the limits of liability, if you comply with the policy, again assuming it is a standard policy. If you get sued, you may wish to hire your own lawyer to give the appropriate notice to your insurer and otherwise protect your rights.

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Answered on 10/23/00, 8:39 am
Zedrick Braden III

Re: Rocky

Hello and thank you for your

question. If the other driver

decides to take you to court,

notify your insurance company

again anyway, because they are

obligated to defend you. If

the insurance company refuses

to defend you, file a complaint with the Illinois

Department of Insurance, and

retain a private attorney to

represent you in the lawsuit.

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Answered on 10/31/00, 1:03 am


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