This is dependent upon a plethora of factors, including: how soon and what kind of medical treatment your son received, the amount of property damage, the insurer for the other driver, whether your son gave a statement to the insurer, who the adjuster is, and whether he retained a lawyer.
At the very least, stop all communications with the tortfeasor's insurer, and have your son contact an attorney. We almost all work on a contingency basis, and consults are free. Studies show consistently...
As a fellow cyclist, I can feel your pain. I certainly hope you have healed for the most part by now. I can also tell you that insurance companies do not take cyclists seriously, and tend to devalue their claims, perhaps even more than other non-cyclist claims, if that is possible.
You will NEVER be offered fair compensation by an insurance company without a lawyer period. They are in the business of saving money and paying as little as possible. You must force them to rethink that...
No opinion can be given. I don't know the specific facts of your case and you have a lawyer.
Generally, slip and fall cases are very fact specific and also are among the hardest to win at trial. The law against you is considerable.
You survived summary judgment, which means the judge thought there was a factual issue for the jury, but in no way guarantees a win at trial. Also, even if you did win, any award likely would be reduced by your comparative negligence, which typically happens...
Pleading guilty was ill-advised, as it is an admission if negligence civilly.
You're being sued for personal injuries, which do not need to be obvious st the scene to be legitimate.
You did the right thing turning it over to your carrier. They'll hire lawyers to represent you and settle the case for up to your policy limits if that is warranted.
You're in good shape with good coverage. Next steps may include written or oral questions, if this is a lawsuit. If it's just at the claims...
Do not respond to him.
Report this to your insurer immediately. They will handle this from there and require proof of any damages.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
First of all, as the other answer pointed out, I cannot give you any advice on a pending case if you are represented by a lawyer.
However, since I presume that since you live in Cook County, and this accident presumably occurred in that county, the general procedure is to try to resolve things with the insurance company first, prior to filing a lawsuit. In this case, it is quite possible that the daycare either has not forwarded your attorney's letters to their insurance company, or...
You've done most of the things "right" so far. If they faxed it to their insurance company, they are aware of it. DId you get a copy of this report? Do you have the insurer's contact information? The name of the person you spoke to at the store?
All of these would be important for the attorney who handles your case.
I recommend not handling this yourself, as premises liability case law is particularly difficult to surmount unless you know what you are doing.
Fortunately, you don'...
The owner's policy should cover this for any permitted driver, like you.
Report this to the carrier and forward all papers to the insurer.
The amount claimed is jurisdictional, and has no relation to what you are necessarily liable for.