Legal Question in Personal Injury in Illinois

Accident, insurance claim

I was in an accident in June, no tickets issued. The other insurance company is trying to get me to pay for damages even though the person they insured was listed as the primary at fault, and is threatening to take my license or take me to court. Do you think I have a chance to beat this? What should I do? I have already sent a letter and copy of traffic report to the company.


Asked on 9/22/00, 7:13 am

2 Answers from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Accident, insurance claim

The determination of who was at fault can only be made in a binding fashion by a judge or a jury. The police officer's listing of the other driver's fault is only the officer's opinion, though it is often correct.

The other driver's insurer can only have your license suspended if you did not have insurance. If you had insurance, advise you insurer of the claim, and let them handle it. If you did not have insurance, you are at risk for losing your license if you do not handle this properly. Call the attorney of your choice to protect your right to drive.

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Answered on 10/23/00, 8:51 am

Re: Accident, insurance claim

Hello. If you had liability

insurance, you do not need

to worry. Just report the

accident to your insurance

company and let them handle it, but be cooperative should

your insurance company contact

you. If you did not have

insurance, you have something

to worry about....If this is

the case, you need to contact

an attorney to represent you

immediately. You could lose

your driver's license, if the

Office of the Secretary of

State requests you to post

a bond for the estimated damage to the vehicle belonging to the other driver.

If you are unable to do this,

your driver's license might be

suspended by the Secretary of

State.

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Answered on 10/29/00, 1:44 am


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