Legal Question in Insurance Law in Illinois
Caught in Insurance run around
While Parked waiting to pick up my kid from school a women side swiped my car. She tore off my front bumper and smashed most of my lights. She was concerned about reporting it to her insurance. The police showed up and she was reported as at fault. I went by my insurance mans place and gave him all the info and when I got home I called her insurance and put in a notice of occurance.
She later called me and said that if I would get some estimates that she would pay for it out of her pocket and then she would not have to report it to her insurance company. Well I went and got 3 estimates. All around the same amount($1600). She picked them up and then that night her Insurance man called me and said that this woman didn't know what she was doing and said that I should take $800 from her as a settlement or his company would take my car and write me a check for less than that. He also didn't want to report this to the insurance company. I felt that he was threatening me and they were both trying to rip me off.
All I wanted was for my car to be the way it was before she tore it up. No more, No less. Is that too much to ask?
Five days later they still don't have a report in.
What recourse can I take?
1 Answer from Attorneys
Re: Caught in Insurance run around
You can have your own insurance company pay for the repairs and they will get reimbursed one way or the other from the other driver's insurance company. Or, you can write the other driver a polite note telling her that you will file suit unless you receive the money within ten days. If she doesn't pay you the full amount of your damages or turn it over to her insurance company so that an adjuster pays you the full amount of your damages, file suit in small claims court.
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