Legal Question in Personal Injury in Illinois
I was involved in a car accident a week ago. The young man who hit me did so on the expressway, and we both ended up at the hospital. I was sent to the trauma unit as a precaution, but was discharged the same day with only a chest contusion, as the discharge diagnosis says. I think he hurt his shoulder. According to the State police, they issued several tickets to him but didn't way what they were for. I received none. I've been off work since because of the body soreness. I have insurance, but my van could only cover liability (it's a 99 ford). We don't know if he has insurance, the car is not registered in his name. the insurance company is saying they have to investigate (could take up to 120 days!), if he has insurance then I have to go thru them. If not, my insurance will pay for "uninsured motorist" protection up to the value of the van (don't think it's salvageable). I'm concerned, because the value of the van is probably low, and I am still paying on it (would have been done this year). We need a van because I have small step children and it's my means of transportation to and from work - and a car is required. If this guy does not have insurance, what is my recourse?
3 Answers from Attorneys
I would highly recommend consulting with a Personal Injury Attorney.
An attorney is likely to speed up the process for your property damage and personal injury claim(s).
Contact me and we can discuss your options.
312-532-8554 OR [email protected]
If the guy does not have insurance, you will have to make a claim under your own uninsured motorist clause of your insurance. There is no other choice. You may sue him personally, but collecting from an individual is very difficult and almost impossible.
120 days of "investigation" is way too much. The law requires them to evaluate a claim fairly and without undue delay. An attorney can certainly speed the process along BUT-- the issue you will face is the value of the car against how much you owe on it. Chances are very strong that the amount the insurance will evaluate your property will be grossly under what may be fair and certainly under what you owe on it. That's were the rub will be and negotiating a fair settlement will be a situation where you would be way better off if you had an attorney on your side.
I hope this helps-
Section 919.80 of the Illinois Insurance Dept. Regulations prohibit the at fault driver's insurer from directing the innocent party to make a claim under their own policy. However, given that they will need to speak with their insured before they can advise you of their formal position means that it could take some time. (What if the other driver is still under medication and cannot give a statement?) So, you should indeed consider notifying your own UM insurer and make a claim. I still recommend that you continue to pester the other carrier for a decision. 120 days is almost certainly too long to make a liability decision. If the other driver had permission to use the vehicle, then liability coverage should generally be afforded.
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