Legal Question in Traffic Law in Illinois

Subject

In Dec of 2001 a friend of mine was driving my car and was involved in an accident. At the time of the accident we provided the insurance information to the police. That was on Saturday, I immediatley contacted my insurance emergency phone and explained the accident, they stated an adjuster would contact me on Monday. The adjuster contacted me on Monday again explained the accident and then when I heard nothing by Wed I called them back and they then advised my payment (which was cashed by them 5 days prior) was late therefore they were not renewing my policy. I contacted my attorney and he advised I was not driving the car and they would need to go after reimbursement of my so called friend. My attorney also fought back and fourth with my insurance agent but needless to say no luck there they reimbursed my policy preimiums and I have been with a different Insurance agency since then needless to say never late either! I just recived a notice of suspension from the state I live in and have never recieved any notices regarding any type of lawsuit or compliant against me or my car? Please help is this actually legal?


Asked on 2/14/06, 5:57 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Subject

I can not tell you whether the insurance company's actions were "legal", but I can tell you that this happens all of the time. In some cases a person in your situation might consider filing a civil suit against the insurance company, perhaps in the nature of a suit for a declaratory judgment to the effect that the insuror did have a legal obligation to insure, and perhaps also in a suit seeking damages for their wrongful refusal to do so. These types of suits are somewhat expensive and the results are never guaranteed. In any event, you need to confer with the licensing authority in the state which issued your driver's license to see what must be done to reinstate you driving privileges and then do what must be done. Your attorney should be able to help you or find someone else who can. Good luck!

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Answered on 2/16/06, 8:52 pm


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