Legal Question in Personal Injury in Illinois
Accident, insurance claim
I was in an accident in June, no tickets issued. The other insurance company is trying to get me to pay for damages even though the person they insured was listed as the primary at fault, and is threatening to take my license or take me to court. Do you think I have a chance to beat this? What should I do? I have already sent a letter and copy of traffic report to the company.
2 Answers from Attorneys
Re: Accident, insurance claim
The determination of who was at fault can only be made in a binding fashion by a judge or a jury. The police officer's listing of the other driver's fault is only the officer's opinion, though it is often correct.
The other driver's insurer can only have your license suspended if you did not have insurance. If you had insurance, advise you insurer of the claim, and let them handle it. If you did not have insurance, you are at risk for losing your license if you do not handle this properly. Call the attorney of your choice to protect your right to drive.
Re: Accident, insurance claim
Hello. If you had liability
insurance, you do not need
to worry. Just report the
accident to your insurance
company and let them handle it, but be cooperative should
your insurance company contact
you. If you did not have
insurance, you have something
to worry about....If this is
the case, you need to contact
an attorney to represent you
immediately. You could lose
your driver's license, if the
Office of the Secretary of
State requests you to post
a bond for the estimated damage to the vehicle belonging to the other driver.
If you are unable to do this,
your driver's license might be
suspended by the Secretary of
State.