Legal Question in Insurance Law in Illinois

Parked car hit by a drunk driver - his insurance refusing to pay

My parked car was hit by a driver

who was arrested for aggressive DUI

in February 2008. There were 3

other parked cars also damaged by

his vehicle. I do not have collision

coverage, so I have been working

with his insurance company to get a

settlement for the damages.

Because he has the minimum

coverage, his insurance is refusing to

pay yet because the total damage to

all vehicles may be over his limit. 2

of the other cars involved never filed

any claim with them, so they are

telling me that they can hold off a

settlement indefinitely until the other

drivers file a claim (if they ever file a

claim).

Is there a statute for filing an

insurance claim? And is there

anything I can do to compel them to

settle with me? We are hoping to

start a family and would like to sell

our little 2 door car for a sedan, but

can't do anything until we get it

repaired.


Asked on 12/02/08, 10:39 am

2 Answers from Attorneys
Motty Stone Law Offices of Motty Stone

Re: Parked car hit by a drunk driver - his insurance refusing to pay

The statute of limitations for these types of accidents is usually 2 years. The insurance company can try to delay, but you can file a lawsuit directly to try to force their hand.

Insurance companies will give you all kinds of excuses, but their basic mode of operations is to delay as long as possible. They want to try to get you to lose interest and go away, or at least to earn interest off the cash for a year before they pay you. You just have to be aggressive and make sure they understand that you are willing to file a lawsuit and willing to see this through.

Please feel free to give us a call if you want to talk.

Read more
Answered on 12/03/08, 11:35 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Parked car hit by a drunk driver - his insurance refusing to pay

If I were you I would sue the other driver and also consider suing his insurance cmpany for "vexatious refusal to pay". Consult with an attorney in your area.

Read more
Answered on 12/04/08, 11:27 pm


Related Questions & Answers

More Insurance Law questions and answers in Illinois