Legal Question in Personal Injury in Illinois

In Illinois you cannot sue an insurance company in a motor vehicle accident. If you want to file a lawsuit, you need to file against the at fault party or parties--keep in mind that the driver may be different than the owner and both driver and owner and any other person(s) with an interest in the vehicle must be named parties.

I don't know what you mean by the other driver getting the money back form her insurance.

I hope this helps-

You have to sue the other driver who will then report the suit to her insurer. The insurer will provide her with counsel and be obligated to pay for damages proved up to the amount of coverage that she has.