Legal Question in Insurance Law in Illinois

Re: Sued by an automobile insurance company

It is understandable that you would be concerned after being served a summons, but please rest assured that nothing out of the ordinary has happened. The injured party has simply elected to file a suit rather than pursue a settlement directly with your insurance carrier. Under your contract of insurance, your insurer has a duty to provide a defense (up to your policy liability limit). This includes hiring an attorney to defend you in the lawsuit. However, if the injured party is looking to obtain more money in damges than your insurance provides, then you may personally be held responsible. In most cases the insurance company hires an attorney who files pleadings on your behalf so that it is not necessary for you to appear in Court unless the matter is set for trial. However, I would advise you to insist that your insurance company provide you with the name of the attorney so that you can personally confirm with that attorney the fact that he or she will be representing you in this case and that there is absolutely no need for you to appear in Court or take any other actions. I would also suggest that you do this in writing, and insist upon the insurance company responding in writing. Then keep copies of all correspondence in case they are needed at a later date. Also, confer with the attorney about whether or not the injured party is seeking damages in excess of your insurance coverage. If so, you may want to hire your own attorney. Good luck.