Legal Question in Insurance Law in Illinois

Hello,
I was hit by a car last year. I was a pedestrian, I wasn't in a car. The driver was at fault. I was crossing the street when I had the light and she made a left and ran right into me. I was taken to a hospital in an ambulance and admitted for a few hours. After receiving all my bills this week I turned them into the drivers insurance company this week. My question is: If they offer me considerably money than what my bills add up to, what are my next steps in receiving the rest of my money. Do I not accept the payment and fight them for the rest through the Illinois Department of Insurance or do I go after the driver in small claims court.
Also, if my bills go to collections can they garnish my wages?
Hospital bill: $4,200. Outpatient services: $330 Ambulance: $690
Thank you.

Asked on 1/22/10, 11:43 am

0 users found helpful

0 attorneys agreed

1) If they offer you more than your bills and you accept, you will have to sign a release and will be forever barred from seeking more.

2) You have no right to fight them through the Illinois Dept of Insurance as they are not your insurance company.

3) If you do not settle, and all you want are your bills paid, then yes you will have to file in court.

4) Of course they can garnish your wages once there is a judgment.

Answered on 2/02/10, 6:12 pm

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