Legal Question in Personal Injury in Illinois

Required? Only if there is an admission and/or finding of fault. If the trucking company disputes fault, no. Illinois is not a "no-fault" state.

If you have the trucking company's insurance information, you should put the claim through directly and NOT wait for them to do so. "Rental" coverage in this situation should be part of the trucking company's GL coverage.

If you go through your insurance they will impose the deductible on the damage but should not on the rental coverage. Your insurance company is at the same risk as you: one reason for the deductible is that you chose the amount of the deductible and your premium reflects that amount, and if the insurance company sues the trucking company under its subrogation rights, you may or may not get your deductible back. Same as if you sued. If your insurance pays you off less the deductible and you sue and collect from the trucking company, you owe your insurance company the amount you collect over the deductible and court costs/attorney fees if any, which is why most people let their insurance companies subrogate. But either way it's the same issue: fault in Illinois is still a factor and must be proven, or admitted.

If there was a witness or the truck driver is willing to give a statement of fault, however, you may be one leg up.

There are no requirements under the law for the other person to pay or repair your daughter's car. The only requirement under the law is for all drivers on the road to have a minimum amount of liability insurance. I am assuming a police report was filed?

The best and most practical way to approach this is to make a claim under your own insurance (I assume you have car rental insurance) and get the car repaired and so at least life can get back to normal as soon as possible. Your daughter's insurance will then go after the truck's insurance company and will attempt to collect what they have paid, including your deductible. The process may take months and so if you are waiting for that process to end before getting your car repaired and such, you will make it way too expensive for yourself.

I hope this helps-

I concur with Mr. Taradji, turn the claim into your own insurance company and don't wait for the trucking company to exercise compassion.

If you have sent in the Collision claim to your daughter's insurer, the company will investigate the claim and if the facts are favorable, will either pursue the trucking company's insurance company via 'Intercompany Arbitration' or sue them directly. Your insurance company will very much want to get its money back as well. Any information that can assist your carrier will increase the odds you will receive back your deductible. Witnesses are invaluable.

If your daughter does not have rental coverage, her carrier may also decline to reimburse her for rental while the vehicle is being repaired. Check with the insurer 1st before renting the vehicle. Finally, if your daughter's carrier is forced to sue to recover, they will very likely require the presence of your daughter at the trial. Property damage suits while not terribly time consuming, are very frequently 're-set', meaning they are often re-scheduled prior to the final trial date. Good luck.