Legal Question in Insurance Law in Illinois

I was involved in a car accident rear ended on 9/23/12. We contacted the police department and no one ever showed up. I collected all of the information from the driver as well as the witness that was there; and my car was towed due to the damage and we (the people who were in my car) went to the hospital. I contacted the insurance company that the person who hit me gave me and they stated that they did not have insurance with them. I went to the police station and made a report. I contacted my insurance company to report the loss and was told that I would be covered under my uninsured property and bodily damage I sent them the police report and also the accident form they sent me to fill out. I was told that an adjuster will be contacting me within 48 hours about getting my vehicle out of the tow yard. I waited a week and no one ever contacted me about my vehicle and about my bodily injury claim to myself and my passengers. I contacted the insurance company and was told that I have to get a certificate from the state DMV stating that the other driver did not have insurance and also that we had to use our own insurance because the insurance with them was only secondary. I had a friend to take me to the DMV to try to get such a certificate and was told that 1. They don't give out such a form and that they never heard of the form and 2. That if they did I could not get someone else's information. I called the adjuster back and he stated I could get them he has people submit them to him every day. He told me that without that certificate then nothing will happen with my claim. I asked him how was I to get such a form and he told me he didn't know but nothing will happen until I produced this form because it states this in my declaration page. He also told me that basically I should have gotten full coverage (on a 92, which they did not offer because of the year) because liability was a waste of time. I contacted the main place I purchased the insurance from because this was a subcontractor about being told this and they also said they never heard of this and said they will contact a supervisor about this and contact me back. I was put on a three way call with the complaint department and a supervisor from the company and the supervisor stated that the adjuster told me the wrong information and that he should not have said those things and that I should fax everything to her. She is asking for the police report again and stating that this claim is still going to take some time. My question is why I have to do everything when they are going to do it anyway and also my car sat in the tow yard for seven days and had to pay $500 to get it out and $98 to have it towed to my house. And I am still without a car and the hospital keeps calling me about a self-pay bill since it was a car accident my insurance is not covering it. If I pay the bills which are three hospital bills will I get reimbursed? And also how can I see someone about my injuries without knowing who is going to pay for them. Also what can I do about the adjuster telling me the wrong information and telling me I got the insurance I got for no reason. Help, Please, Thank you.


Asked on 10/08/12, 10:27 pm

1 Answer from Attorneys
Alex Arezina Alexander I. Arezina, Attorney at Law

It seems like there is a lot going on. It would help to know who you are insured with. If the other driver is truly uninsured, you should carry at least minimum limits (20,000 per person and 40,000 per accident) for uninsured motorist coverage (UM). In addition, you should be able to get your medical payments coverage immediately (typically in limits of 2,000, 5,000 or 10,000). There would be a setoff of these amounts from the UM down the road if this is a standard policy. I would have to look at the policy. The UM coverage will cover your personal injuries. Because you don't have physical damage coverage (i.e. collision, comprehensive,etc.), the vehicle damage may not be covered. Also, the tow and storage wouldn't likely be covered for the same reasons. This would be covered under UMPD (uninsured motorist property damage coverage) if you purchased this option (or if you could purchase because age of car may prohibit eligibility). As for proving that someone is uninsured, it should not be so difficult. The adjuster for your company should simply contact the carrier listed in the police report. If they aren't insured, then make a UM claim for arbitration. If you want to discuss this more offline, feel free to email me at [email protected]. It would be nice to see the policy, know the extent of the injuries and the facts relating to the accident, i.e. speed, weather conditions, etc. Also, if you have medical bills, chiro, etc., you should compile these and have them ready to submit to your insurance company.

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Answered on 10/09/12, 6:52 am


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