Legal Question in Traffic Law in Illinois

Accident with out of state driver
Ok, a week or so ago, I was driving to work. When I came to an two lane entrance ramp onto a major highway, I was behind a car with Oklahoma plates. As I looked in my blind spot to merge over, the car in front of me slammed on her brakes and caused me to rear-end her. She claims there was a semi-truck merging over and he cut her off, but I didn't see. We both pull over and I checked to make sure everyone was alright. She suggested we exchange information. So I gave her my name, address and phone number, and went on to work. There was hardly any damage to my car, only the license plate came off. Her car on the other hand, had the trunk smashed in. Now, after a series of phone calls, she says that her insurance won't cover it, because the accident was not reported, and her car has $4000 in damage. I looked up the car's worth, and it is barely worth half of that. Should I file an accident report? I didn't have more than $300 of damage. What should I do? I can't afford what she is asking, and I don't have collision coverage on that vehicle.

Asked on 7/01/03, 2:49 pm

2 Answers from Attorneys

Alia Caravelli Law Offices of Alia M. Caravelli

0 users found helpful

0 attorneys agreed

Re: Accident with out of state driver

Yes, you should file an Accident Report. Pursuant to Illinois Statute, any driver "of a vehicle that is in any manner involved in an

accident within this State, resulting in injury to or death of any person, or in which damage to the property of any one person, including himself, in excess of $500 is sustained, shall, as soon as possible but

not later than 10 days after the accident, forward a written report of the accident to the Administrator." 625 ILCS 5/11-406(a).

Under Illinois law, most drivers are required to carry liability insurance. Given the facts you presented, you would seem to be required to carry liability insurance and the other driver's property damage should be covered by your insurance carrier.

Answered on 7/02/03, 2:14 pm

Mark as helpful