Legal Question in Insurance Law in Illinois

I was in an auto accident and the police report clearly lays the blame on the other party. When I filed a claim with the other driver's insurance company they denied my claim because the other party told the insurance company that it was not his fault and he was not moving (which contradicts the police report). They have not sent out a claims adjuster. I will file a small claims and summons with the county court. Assuming I win the case, which I'm confident I will:

1) Can I start repairing my car now before the court case begins?

2) How do I get reimbursement after the judgment is made?

3) Can I get payment from the insurance company or do I still need to pursue the defendant?

4) If payment is from the insurance company, what is the reimbursement process?

5) What costs will be covered by the insurance company? e.g. court filing fees, lost wages etc.

6) If there is a deficiency between the insurance company and my judgment, what should I do?

7) What steps am I missing?


Asked on 10/01/10, 2:44 pm

2 Answers from Attorneys
Thomas Moens Moens Law Offices, Chartered

That is quite a list of questions! Bottom line, you sue the other driver/owner, not the insurance company.

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Answered on 10/07/10, 8:45 am
Mark Hartzer

Well, 1st, you point out that the police report says that the other driver was at fault, but never state yourself that you are not at fault, or partially at fault. The other party will most certainly argue that you are at least partially at fault.

Take photos of the vehicle and commence repairs. One must mitigate their loss.

I should also point out that unless the police officer witnessed the accident, the police report itself will have severe admissibility issues. You are better off presenting witnesses to the accident who can testify as to the negligence of the other driver. Mr. Moens is correct regarding the appropriate defendant. You need to sue the other driver, not the insurance company. Unless your damage exceeds $15,000, the insurance coverage should be sufficient to pay the loss.

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Answered on 10/15/10, 6:38 pm


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