Legal Question in Personal Injury in Illinois

My truck was totaled in an accident by a 17 year old who didn't have insurance. The kid hit my husband in the rear of the truck on an interstate off ramp doing about 70 mph. Do we have a case in going after his parent's insurance for compensation for the 12 year old truck that we received nominal compensation for from our insurance? My husband also would like to be reimbursed for time lost from his job.


Asked on 8/20/11, 10:38 am

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

You can not sue the insurance company directly. Based on the facts presented, I cannot positively tell whether you would fit within the Illinois statute 740 � 115/3: Parents liable for willful or malicious property damage or personal injury. If you can prove that it was wilful you may have a viable claim. You may want to hire counsel to send a demand letter to the parents.

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Answered on 8/20/11, 1:14 pm


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