Legal Question in Insurance Law in Illinois

My son was rear ended by another car while he was stopped in an intersection in Chicago waiting to make a left turn. After calling 911 he and the driver who hit him were instructed to go to the nearest police station to report the accident. Although no "official" detailed accident report was written up, both drivers were in agreement with how the accident happened. (My son had requested that a detailed report of the accident be written up, but the police officer refused, telling him if he needed more information later, he should just call.) The driver at fault was using his girlfriend's car and after finding out how much it would cost for repairs to both cars, the girlfriend filed an insurance claim against my son saying he was at fault for the accident. Her insurance company decided to believe their story and refused our claim even though the other driver was listed on the police report first (as the at-fault driver). Fortunately, my son went back to the accident site and found a gas station attendant who actually saw the accident and remembered the other driver hitting my son's car in the intersection as he waited to make a turn. Reporting this information back to the other driver's insurance company (and also noting that we would be taking their client to court if they didn't come clean), the insurance company contacted the witness and their client "surprisingly" finally admitted to being 100% at fault for the accident. The accident occurred in February and we still have not been compensated for the damage to my son's car. Since my son has an older car and may be replacing it in the not too distant future, we would like to just be reimbursed for the damages. His estimate of $2,000 was about $400-$500 higher than their "estimate." They have said the only way they would pay his estimate is if he turned his car over to them. What are our rights and options? We are totally frustrated and fed up with the lying and lack of response from their insurance company.


Asked on 5/10/13, 11:44 am

1 Answer from Attorneys
Chen Kasher Chen Kasher

I'm sorry to hear about your troubles with the insurance company.

First, it is difficult to determine your rights without more facts. Does your son have any expertise to make this valuation? Did you get any independent adjusters or evaluators to determine the amount of the damage? Why does the company need your son's car? (This doesn't make much sense to me, unless they have not yet valued the damage.)

Generally, these types of disputes can only be resolved by a judge, jury, or arbitrator. As the Illinois Department of Insurance writes on their website:

"If the other driver's insurance company denies your claim or you disagree with their offer, there is no appraisal requirement. Your only recourse is to:

make a claim under your own policy if you have the appropriate coverages;

file suit against the at-fault driver in small claims court, if your damages fall within the county�s limits for small claims suits; or

seek other appropriate legal counsel.

Only a judge or jury can ultimately decide who was at fault in an accident or how much another person owes you for your damages."

http://insurance.illinois.gov/autoinsurance/auto_other_co_claim.asp

One option is to try to contact the Illinois Department of Insurance in order to get more leverage over your negotiations with the company. Another option is to take them to small-claims court, with evidence that the estimate should be $2,000. Parties can initiate a small court claim by filing and serving a complaint and summons in the local court.

http://www.law-arts.org/pdf/Navigating_Small_Claims_Court.pdf

Once parties have their day in small claims court, they can bring forth evidence that the damage should be, say, $2,000, and judgment may be entered in their favor.

Disclaimer: This is not legal advice and I am not your attorney. I am just musing, and these thoughts are intended to be general.

Read more
Answered on 5/18/13, 6:34 pm


Related Questions & Answers

More Insurance Law questions and answers in Illinois