Legal Question in Personal Injury in Illinois

I was in an accident with NO injuries, simple side swipe. Other driver is at fault but her insurance isn't paying the claim, do I sue other driver or ther insurance?? If I sue other driver does she then go and get the money back from her insurance?


Asked on 12/19/12, 10:12 am

2 Answers from Attorneys
Nima Taradji Taradji Law Offices

In Illinois you cannot sue an insurance company in a motor vehicle accident. If you want to file a lawsuit, you need to file against the at fault party or parties--keep in mind that the driver may be different than the owner and both driver and owner and any other person(s) with an interest in the vehicle must be named parties.

I don't know what you mean by the other driver getting the money back form her insurance.

I hope this helps-

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Answered on 12/19/12, 10:16 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

You have to sue the other driver who will then report the suit to her insurer. The insurer will provide her with counsel and be obligated to pay for damages proved up to the amount of coverage that she has.

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Answered on 12/19/12, 10:19 am


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