Legal Question in Personal Injury in Illinois

Even if you had insurance what you'd get if you didn't have replacement value would be what's called "ACV" or actual cash value, and for a '06 Chevy Aveo 4 dr hatch I would suggest you check with Kelly's Blue Book or equivalent. PS you are in violation of Illinois financial responsibility laws if you had NO insurance, but not if you simply declined collision/comprehensive on your car. You would only get ACV even if you sued.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

If you settle your property damage with the insurance, you will have to sign a Release which releases the driver and the insurance fo any further claims. So the answer is no, you may not settle with the insurance and then go after the driver for something more.

Further, the law allows only for payment of fair market value of the vehicle--so there is really nothing you can do at the moment with respect to the other driver and/or insurance.

If your wife was injured in this head on collision she should speak with a personal injury attorney at once so that she can see what are her options.

Additionally, you are entitled to loss of use for the car or a rental for the period between the date of the collission and when a fair market value offer was made. If your wife suffered an injury, she should contact a lawyer. Additionally, if she was unable to do things around the house due to injuries received or cannot participate in social activities with you that she did before the collission, both you and your wife may be enittled to compensation. Injury lawyers accept cases on a no recovery no fee basis so have nothing to lose if she has been hurt from the accident.

The other vehicle insurer is only responsible for the reasonable damages that were caused by the accident. They will pay the actual cash value of your vehicle. Any 3rd party liability claim will not be finished until the entire claim is finished.