You should do what you should have done the day after the accident, hire an
experienced personal injury attorney or you will be short-changed.
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SLOW DOWN! I understand that this is all very foreign but it is much ado about nothing. Your insurance company has a duty to defend you ONLY if they refuse to pay. They have agreed to pay. They told you that you would only need to hire an attorney IF the matter proceeded to trial. I won't.
Do NOT hire an attorney until suit is actually filed. Trust me, no suit will ever be filed. On your facts, your insurance has tendered the policy limits. The Plaintiff must choose between taking...
Assuming the other driver was at fault, your insurance will do nothing because it is not within the scope of your policy. You are on your own to contact the other insurance and make arrangements to repair your car. If you were injured, you should contact a personal injury attorney.
I agree with all of my colleagues. I would only add that if the at-fault driver offers you the policy limits AND you do not have coverage in excess of that amount, it would be unethical for any attorney to take 1/3 of the recovery.
If you do have higher coverage than the at-fault driver, you need to hire experienced counsel so that you do not jeopardize your right to those funds.
If you just signed the release 2 weeks ago, it would be a miracle if your attorney even received the check, especially with the weather. Once he receives the check, it MUST clear his bank (3-5 business - not calendar days) BEFORE he is ALLOWED to write you a check. If there are any liens or subrogation interests, they could take weeks or months to resolve.
You are paying your attorney. Why not talk to him?
No worries. The simple answer to your question is NO. The statute of limitations is 2 years in Illinois. Simply give the paperwork to the insurance you had at the time and they will dismiss the action.
First, make them prove-up their damages.
There are only 2 ways to retain your driving privileges: 1.) Enter into a monthly repayment plan or 2.) File Bankruptcy. Consider the amount if you side-swiped a Bentley or worse still, caused a semi to jackknife, rendering much of the contents unsaleable. It could be hundreds of thousands of dollars.
The smart thing here is to get insurance and make monthly payments. An attorney may be able to reduce the amount you owe but it will probably...
1. You are WRONG.
2. If your attorney files a Motion for Hearing in an undisputed case, the adjustor will assign counsel and you will have guaranteed yourself SEVERAL extra months because the defense attorney only gets paid UNTIL the case settles. HE has less than NO incentive to settle. You may even buy into depositions which could cost you thousands.
3 You hired an attorney and you will be paying him/her a fee. Why not seek their advice, including WHY they recommend the course they do?