Legal Question in Personal Injury in Illinois

Re: Two Car Accident, Injuries sustained, Same Insurance Co.?

In theory, the liability for the other driver is treated as their fault, and should not affect you. There should be two people at the insurance company handling the claim- one to defend and one to investigate. However, those of us that deal with this question regularly suspect that the claims reps "share" files and information, so that they can minimize payout for the company.

Making a claim in this circumstance should not get you cancelled, however, without competent legal help, there is a good chance that you will not recover all to which you are entitled. And, since it is also your insurance company, you are assuming that they are looking out for your best interests, which, in this case, are counter to their interest of paying as little as possible.

Re: Two Car Accident, Injuries sustained, Same Insurance Co.?

If for example, the defendant (person at fault) has State Farm and the Plaintiff (person not at fault) has State Farm, the plaintiff will actually recover from the defendant's State Farm policy. The Plaintiff will not be recovering under his own policy, but rather the defendant's policy.

State Farm separates the two claims and the claims are handled by separate adjusters. The Plaintiff's State Farm should not cancel the policy as the accident was not the Plaintiff's fault.

If the defendant did not have insurance, the plaintiff will proceed under an uninsured motorist policy. Again, since the accident is not the Plaintiff's fault, it is unlikely that State Farm will cancel the insurance.

We would be happy to further discuss your claim with you and answer any questions you might have. You may contact us 800-310-2222.

Thank you.