Legal Question in Personal Injury in Illinois
Not enough insurance auto accident
I was hit head on, by a drunk driver Oct 2004, her insurance company surrendered a $20,000 policy which only covers half of medical bills. I was told by my attorney that if the collecters want the remaining balance it may be my responsibility. Could we collect the policy and also file a civil suit for the remaining balance of medical bills and pain and suffering? And do you have to use same attorney that you retained in accident for civil suit?
2 Answers from Attorneys
Re: Not enough insurance auto accident
I have some questions before I'm able to answer your questions such as:
Were you a minor when this happened?
Was an action pursued against the establishment that served the drunk driver alcohol (assuming he was served by an establishment)?
Did you have underinsured motorist coverage with limits greater than $20,000? Was that claim protected properly?
Matt Willens
WILLENS LAW OFFICES, P.C.
30 North LaSalle Street - Suite 4020
Chicago, IL 60602
312.957.4165 Direct
312.726.7347 Fax
www.willenslaw.com
Re: Not enough insurance auto accident
It all depends on the Release you signed with the other driver's insurance company. If the release includes everyone, and closes your claim against the other driver, you do not have the option of going after that other driver.
The correct thing to do was before signing the release and closing your claim to have made sure that the other driver has any assets that you can put your hands on.
In any event, if the other driver has nothing, whether you closed your claim or not it does not matter--You can't get blood from the stone.
I hope this helps,
Taradji Law Offices
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