Legal Question in Insurance Law in Illinois

Accident on private property w/ both drivers at fault

A driver and I simultaneously backed into one another in a parking lot. The driver initially claimed that I was at fault, but when police arrived and asked who backed into whom, my response was the truth, both of us, to which the other driver did not object. My car was not damaged but my trailer hitch did puncture his bumper. I have no intention of filing a claim, but I have been contacted by the other driver's insurance company with regards to the accident. Do I have to go throught this with his insurance company?


Asked on 7/12/06, 6:16 pm

1 Answer from Attorneys
Matt Belcher Belcher Law Office

Re: Accident on private property w/ both drivers at fault

The short answer is no. You do not have to do anything. However, you then run the risk of the insurance company deciding that the accident was YOUR fault. They then pay the claim and four or five years later, the file gets shipped to their in-house counsel who file a lawsuit against you to recover the repair costs.

It would be my advice that you respond to the insurance company now - do NOT give a recorded statement - but explain how THEIR driver was 51% responsible for the accident.

You do not have to report the accident to your insurance company, but you are obligated to provide your insurance information and the other driver�s insurance company will most likely report the claim to your insurance company anyway.

As such, your insurance company would probably prefer to hear of the claim from you but I would wait a few weeks to see what happens with the other driver's carrier.

Keep me posted.

Matt Belcher

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Answered on 7/13/06, 2:09 pm


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