Legal Question in Personal Injury in Illinois

Re: Car accident -already have pending case

QUESTION:

Accident last month (other driver at fault). They were driving a dealer car (testing) the driver did not have insurance but co. did of course. Wanted to know two things. 1)Is there additional I can claim because the driver did not have insurance. 2) Since I have a pending case(still treating with orthopedic surgeon)-and areas of my body are reinjured as well as new inury--how does that affect this new and or old case. (this new one is personal injury the old case if work comp.)

ANSWER:

You asked two questions - With regard to the other driver not having insurance, there is NO additional claim against the driver.

The enforcement of mandatory insurance laws is for the police department and the Illinois Secretary of State. Your primary concern involves someone "taking financial responsibility" for the accident and that would be the dealer's insurance company.

With regard to the second question - the auto accident will confuse the issues a bit. If the accident was to the same part of the body as the worker's compensation accident/injury, it will give both insurance companies the chance to cloud the issue of whom is responsible for your present condition.

As insurance companies never miss a chance to cloud an issue, you probably need a lawyer to handle the case.

In theory, each insurance company is responsible for the injury that their insured caused - however, it will require medical testimony in the form of a deposition (minimally)from your orthopedist to clarify what injury was caused by what accident.

Good luck,

Matt Belcher

Re: Car accident -already have pending case

1) No additional claim against driver that

did not have insurance. That is issue

for local/state authorities.

2) Pending case is still valid. Work comp

insurer will claim that permanency

terminated as of the auto case.

Auto case is valid. Need clear medical

records and physician opinion

as to nature and extent of new injury.

You can recover for aggravation

of pre-existing injury under Illinois

law. Question is really, the nature

and severity of new injury.

Please call for free consultation

if you wish.

Scott Blumenshine

Law Offices of Meyer and Blumenshine