Legal Question in Traffic Law in Illinois

accident

my wife was in left lane, driver in center lane merges into her lane causing her to hit railing

He says he did not hit her, witness cannot confirm but says he was clearly at fault and my wife did everything she could do to get out of his way and avoid hitting him.

He got the ticket.

His insu will not cover our loss claiming my wife over reacted.

We only had liability and are out $$$

We're out for towing, storage, and now we have to get another vehicle.

Do I have a case in civil court to recover our losses?

Is he still at fault for merging into her lane even if he did not hit her?

His court date in 10/26.

In the mean time we are without a vehicle.

What options do I have between now and then?

Do I need a lawyer?

I talked to one and he said since my wife was not physcally injured aside from bruises, he would not take the case because it involved property loss only.

I'm at my wits end for something we had no control over.

Can someone please advise?


Asked on 9/16/07, 10:51 pm

1 Answer from Attorneys
Joseph Michelotti Michelotti & Associates, Ltd.

Re: accident

Most lawyers will not take a case unless they can be compensated (just like McDonalds will not sell you a Hamburger unless you are willing to pay for it).

If you figure about $250/hr for time, your costs would be about $2500 - $3000 .

Even if the other driver has great insurance (probably not) this would be good money chasing bad.

You are right in a moral sense, but hiring a lawyer does not make economic sense, unless your out of pocket is going to be in excess of $4000.00

email me if you have any questions.

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Answered on 9/17/07, 10:50 pm


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