Legal Question in Traffic Law in Illinois

rear ended

WE were rear ended in an auto accident sustained enough injury to keep me off work for 2 weeks. The driver of the vehicle that rear ended us was not the owner but was picking up the owners kids. They were in the car.The owner of the vehicle came to the police station and said ''she's been working for us for 5 years'' The insurance company has been slow about assuming responsibility. We were stopped and she clearly smashed into us. I have 3 questions:

1.Can we sue the owner if the insurance co refuses to cover

2.Could the ins. company be trying to duck liability

3.Is 2 weeks too long to hear from an adjuster (my car has $6,000 worth of damage (they did send out an appraiser)


Asked on 11/28/05, 2:07 pm

2 Answers from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

Re: rear ended

Whew! The answer to the first 2 questions is "yes"; the answer to #3 is a qualified yes, because they don't work for you, the insurance companies work against you. It would be interesting to me to know in what county the collision took place, and also the county of residence of the driver and the owners of the vehicle. This is important for venue and also valuation considerations. Of utmost importance, get yourself checked out by a competent doctor, someone with an M.D. after their names. Even through a chiropractor save my butt after a horrific vehicle collision, juries don't like chiro treatment. There is just so much more to say, but space is limited. Hope you get better, with regard to the car, it's only a car, and it can be replaced. You can't.

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Answered on 11/29/05, 9:26 pm
Zedrick Braden III Ainsworth & Associates PC

Re: rear ended

Hello. My answer to all three questions is yes.

You should consider filing a lawsuit now, but

get all of your medical expenses, injury summary

in place. Will be happy to answer any more questions.

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Answered on 11/29/05, 12:43 am


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