Legal Question in Insurance Law in Illinois

How long must i wait before suing the driver who hit me?

I was sideswipped by a 18 wheeler truck about 45 days ago. The driver got out of the truck and openly admitted fault to the police officer and his company (Pacer Trucking)

The company has their own insurance not a private insurance company. The claims department has been giving me the run around and has not fully processed my claim (there always seems to be an issue). The damage to my vehicle was a little over $4000.00. I was wondering, how long do I have to wait for them to process this claim?

And, could I go after the actual driver in small claims court to retreive my losses in the meantime?


Asked on 1/20/09, 4:40 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: How long must i wait before suing the driver who hit me?

I suppose that you could sue the driver, but he will turn the matter over to his employer who will hire an attorney to represent the driver since the collision occurred while the driver was on the job, within the scope of his employment and the liability goes to the employer. You can speed things up witht eh company by giving them a deadline to satisfy your claim, but you have to be ready to file suit if they do not meet the deadline. I woould advise you to consult with an attorney.

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Answered on 1/21/09, 12:03 am


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