Legal Question in Personal Injury in Illinois

My car was hit coming out of a parking space leaving a large dent in the left front fender by a car traveling in reverse. The 2nd car insurance company stated to me that the driver has an non owner policy, and it might not be coverage. On the police report it is stated; the driver is the owner which car hit my car. No damage to 2nd car, her and her passenger got to police station before I arrived and gave statement, I did not hear there statement, when I arrived at police station I gave my statement of 2nd car hitting my car with the 2nd car driver next to me, she had no comment. I was just informed that she told her insurance Company I hit her car. I do have a witness that seen the accident. Can you please tell me if her insurance company can deny repairing my car on the non owner policy and what does that mean.


Asked on 6/16/10, 3:03 pm

1 Answer from Attorneys
Mark Hartzer

Parking lot claims are one of the most common insurance claims and they are almost all difficult to resolve because there are generally issues involving comparative negligence. Your first step should be to call in the claim to your insurer. If it is not your fault, then they will probably consider your claim 'non chargeable'. Ask your agent. The 'non owned auto' coverage issue is a red herring. Liability (including property damage liability) coverage is mandatory in Illinois. Coverage typically follows the vehicle, not the driver. Keep pestering the vehicle's insurance company until they give you a decision.

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Answered on 6/22/10, 6:27 pm


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