Legal Question in Personal Injury in Illinois
my son 45 days ago took my 2000.00 dollar trek bike to a work out session with about 15 boys getting ready for fall wfootball, one of the kids got in his car went forward in the grass then put the car in reverse turning the front wheels and ran over my bike breaking the carbon frame totaling out my bike, called the kids dad who we know / he said why would i give my kid permission to have my bike out in the first place and why wasn't it on a kick-stand / he then said that his insurance doesn't cover that type of accident. and that some of the fault is my son's .. I told him that i would take the bike back to where i bought it to see in fact if it was totaled. and that it it was i would get another bike of the same. well it took a while but i found and bought the bike total cost shipping & putting bike together was 1649.00 for the bike and 300 for putting it together. called him back and he said 1500 dollars which is what i asked him for is way out of line that he would have to talk to his lawyer. I'am i crazy i don't think my son was at fault at all ( eight kids saw this happen.) no police report.
2 Answers from Attorneys
No you are not crazy. If the kid driving the vehicle was careless and ran over the bike he is then responsible for the damages his carelessness has caused. The car owner's car insurance will cover this sort claims-it is nonsense to say that the insurance would not cover it.
You may try this: contact the Illinois Department of Transportation (IDOT) and request insurance information on the car. You must have the car plate and you must also have a police report where the information about the event and the vehicle involved is reflected. IDOT will then give you information about the insurance the guy has. Once you have that information, make a claim directly with his insurance.
I hope this helps-
This is a very simple case. It will be covered by the driver's automobile insurance coverage unless the vehicle is uninsured. Find out the driver's insurance company and report the claim. They will open a file and take statements of your son, the driver, and any witnesses. If the stories check out, they will make you an offer. You may also wish to notify your own homeowner's insurance carrier as they will open a subrogation claim against the at fault driver. Good luck
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