Legal Question in Personal Injury in Illinois

Hi. I am sorry to hear about the accident, and it sounds like it was probably the fault of the other driver, provided that your friend did not also receive any tickets.

I am an Illinois and Missouri-licensed injury attorney that handles claims throughout all of Illinois.

The fact that there was no insurance on the bike should most likely not prevent your friend and the passenger from obtaining a settlement with the insurance company of the other driver, provided that the police report indicates that the accident was indeed the other driver's fault. However, it is never easy to try to negotiate with an insurance company on your own, and injury attorneys are experienced at maximizing the amount that will be received as compensation for the injuries and pain and suffering. This amount can be high if the injuries have caused any continuing problems. An attorney can also negotiate with the insurance company to attempt to obtain a fair payout for the damage to the motorcycle itself.

Does your friend have a copy of the police report? If not, he can request it from the police department and an attorney would have to look at it to determine whether he is entitled to recover money from the other driver. Also, did your friend receive any tickets? Furthermore, the type of injuries would have to be known to determine if it would be a good idea to attempt to settle the claim immediately. Your friend should not delay in obtaining professional legal advice because the insurance company can use any statements he may make against him in the future.

I can be reached, for your convenience, via e-mail at [email protected]. Thanks.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

Hi: I am always hesitant to provide any opinion based solely on a police report. Police reports and even the fact that the other person received a ticket does not always mean that they are at fault and are often not admissible as evidence at an injury trial. A police report is a a good starting point, though for further investigation.

The lack of insurance on your part, does not have an effect on your friends' rights to a claim against the other driver. If he and/or she have been seriously hurt, they should seek the advice of an attorney as soon as possible so that he or she can take statements and investigate what happened while it is still fresh in everyone's minds.