Legal Question in Personal Injury in Illinois

Re: Being sued for auto accident.

You should make sure that your insurance will evaluate the claim made against you in good faith. They have an obligation to put YOUR interest at the same level as theirs.

Just because the claim is filed in "law division" where all claims over $50k are filed, it does not mean that the final pay out (if any) will be that amount.

You should also know:

1- you must cooperate with your insurance appointed lawyer and your insurance, otherwise they will not provide coverage. However, that does not mean that you must appear at depositions or any other proceedings without being compensated for your expenses. Don't hesitate to ask for them.

2- You can hire an attorney to make sure the one appointed by the insurance company is acting to YOUR best interest and not the insurance company who is paying his bills. Don't hesitate to ask questions and don't let up until the answers satisfy you.

3- At this point, don't worry. Wait until you and your lawyer see the medical records and bills submitted and then see whether the injuries are real or made up. If the injuries are simple neck and back pain, you have nothing to worry about. Usually this sort of claims will settle somewhere between $1000 to $4-5000. If the injuries are fractures, or serious damage and is documented by an MD (and not a Chiropractor) then you should make sure that once the $25k is offered that the release that will be signed by the plaintiff takes care and ends all claims against you.

4- It is possible that you may have to provide an affidavit about your assets and what you own in case the injuries are shown to be serious/permanent nature. Chances are, if you don't have much, that the offer of the policy limit by your insurance will end all claims against you. If you need to do that, your lawyer will notify you of it.

I hope this helps,

Taradji Law Offices