Legal Question in Personal Injury in Illinois

Re: insurance claim

Generally, the statute of limitations is 2 years. I have not seen the letter, but I'm going to assume that the insurance company sent it because they feel the statute is going to expire. If anything happens, call the insurance company and they should take care of it.

Re: insurance claim

They are going after you because in IL you cannot sue the insurance company directly. So they will sue you and your insurance company will have to provide you with competent defense free of charge.

Generally they have two years from the date of the accident to file a lawsuit.

One thing that your insurance company is reluctant to tell you is that you are obligated to cooperate with your insurance company during the defense of the suit. Otherwise, they will deny you coverage and so any judgment taken against you will have to be paid by you. Further, read your policy--some policy provide that if you feel you are unhappy with the representation the insurance lawyer is giving you (and know that the lawyer is ultimately representing the insurance company and not you--even though it is unethical to do so)you may be entitled to get a lawyer of your own, at the insurance expense, to make sure your interests are protected--but you must read your policy to make sure that is the case.

Good luck!

Nima Taradji

Re: insurance claim

1) Two years, although there may be an excaption if there were problems with the baby's health that are alleged to be related to the accident.

2) No idea what they would be going after you for. The fact that your ticket was dismissed or that they showed no interest, is not relevant under Illinois law.

3) You would not have heard if your insurer contacted the other side directly after the accident and if no claim in excess of your coverage has been made.