Legal Question in Personal Injury in Illinois

Re: a negligence suit against me

Yes. You or your insurer. It all depends on many facts other than who was issued a ticket -- too many facts to discuss in this message.

First, you should turn over the suit to your auto insurer to defend you, if you had insurance at the time. Do not omit this step just because you believe you were not negligent or because you feel that your insurance company should not have to pay. This is why you bought the insurance in the first place.

Second, whether you or your insurer is responsible to your passenger will be determined by the judge and the jury, not the police officer at the scene. This process is also too complex to discuss here.

If you did not have insurance, or your insurer fails or refuses to defend the suit, or reserves its rights to deny you coverage, you should hire your own lawyer, at your own expense, to protect your rights. Feel free to call me if you wish.

Larry Stein.

(630) 221-1755

Re: a negligence suit against me

You should turn this matter over to your insurance carrier immediately. They will retain counsel who will deny liability on your part and summon in the 'at fault' party as a third party defendant. Most insurance policies, however, require that you give them notice of what is occurring as soon as possible, so please turn this matter over to them asap.

Re: a negligence suit against me

One thing is clear, the passenger by the operation of the law is free of fault. The question will be who of the two remaining parties is at fault and if both, to what degree they should share the liability.

The first thing you need to do is to call and notify your insurer if you have insurance. It is written as part of your insurance contract that you will cooperate with them and notify them of any actions against you. If you fail to do so, they will reserve the right not to pay and if a judgment is entered against you, you will be personaly responsible for its payment.

Of course, the answer to your question is that the passenger CAN sue anyone she wishes, the question is whether they have a chance of prevailing at trial or arbitration or whether their action will survive a motion to dismiss or summary judgment.

If you don't have insurance, you have to defend yourself. Not answering a complaint will be deemed as acceptance of anything alleged against you and judgment will be entered against you... So, don't kid around. Even if you beleive you are not at fault, you have to file your appearence and answer the complaint denying it all.

The bottom line is that a lawyer will sue anyone whom he beleives can be remotely at fault. So they may allege that you were too slow in reacting to the situation or that if you had done anything differently the accident would not have happened or the injuries would have been to a lesser degree... Whatever they say you have to answer it.

I hope this helps, if you need more information, you can call me at (312)372-4252.

NBT