Legal Question in Personal Injury in Illinois

My girlfriend hit me with her car this Sunday night into Monday morning,and I went to the hospital by ambulance,and I have head,back,neck and leg injures,can I take her insurance to court?

Asked on 3/07/13, 5:28 am

2 Answers from Attorneys

Jason Marker Marker & Assosiates, Attorneys at Law, P.C.

Yes if she was purely negligent. If this was an intentional act, then it is likely her insurance will not cover the injuries and your only recourse would be going after her individually for damages. That case would be an assault and battery - civil claim.

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Answered on 3/07/13, 5:56 am

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I am sorry to hear that. Talk about an awkward situation. I am sure she feels terrible. Hopefully, you will make a quick and full recovery.

Mr. Marker is right and wrong. In Illinois, there is no direct lawsuit allowed against the insurance company for personal injury. The way it works is that you or preferably an attorney on your behalf will notify her insurance company and negotiations will take place. In the event that they are not successful, then you will have to sue your girlfriend, so when you hire counsel,

you may want to include in any agreement that he cannot seek more than her policy limits.

You should contact a victim's attorney to assist you.

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Answered on 3/07/13, 7:26 am

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