Legal Question in Personal Injury in Illinois

How can I protect my home?

Im being sued after my daughter's boyfriend got into a car accident with my car. The other person was hurt badly. My insurance company denied coverage because they said he only had a learners permit and wasnt' driving with someone of age.

Im afraid I will lose the case and that the other person will come after my home. Can they take my home away? Also can I fight to have the insurance company pay some of the costs since I had full coverage?


Asked on 5/05/09, 6:20 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: How can I protect my home?

Perhaps the boyfriend's parents have insurance. You should look into it. Also, although the boyfreind may not be covered, you may be covered for your negligent entrustment. Good luck.

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Answered on 5/05/09, 8:40 pm
Nima Taradji Taradji Law Offices

Re: How can I protect my home?

There are several things that may happen:

1- the other person will tap into their own uninsured motorist insurance and then possibly the other person's insurance will come after you to collect. If judgment is taken against you, your assets are fair game for collection and the satisfaction of the judgment. Of course, bankruptcy protection will discharge any and all judgments.

2- Your daughter's boyfriend's parents may have insurance. As a member of the household he should be covered and his insurance should come into play if there is such coverage.

3- You can fight your insurance's decision. Look at your policy and see what is the procedure you must follow in order to contest their decision and possibly take the case to arbitration (usually there is an arbitration clause). Read your policy immediately--there are entire set of deadlines you must meet otherwise, you won't be able to contest the decision. Read it very carefully and follow the procedure to the letter and send all communications with your insurance via certified mail.

4- You may also hire an attorney at your own expense and defend against the liability. How did the accident happen,was the injured person at fault in any way? etc...

Those are some of the choices you have. At this point, the BEST advise is to hire the services of an attorney to help you make a decision. This bulletin board are only good for general information gathering and are not to be the basis of a decision making.

I hope this helps-

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Answered on 5/05/09, 9:33 pm


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