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Can I sue the person who hit my vehicle and is uninsured?

Chicago, IL |

I was recently in a car accident and the other driver was at fault. He lied and said he had insurance, but tried to pull a fast one by calling his insurance to reinstate his policy 2 hours after the accident. I am now filing with my own insurance and have to pay a $600 deductible out of pocket. Is it worth suing this man since I'm sure he will not actually pay Allstate even if he is sent to collections? How would I pursue if I was to sue him? Do I need a lawyer? How much would this cost?

Attorney Answers 5


  1. Not worth suing an uninsured person for the deductible. Your carrier may try to recoup what it paid out from him, but doubtfully.

    This is why we have insurance.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


  2. You will probably get the money back, eventually, but you do NOT need to sue him. His license will be pulled after an administrative Hearing unless enters into a repayment agreement with your insurance carrier. Your insurance carrier is obligated to repay you.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  3. Call Illinois Department of Transportation and report the lack of insurance. Eventually, this lack of insurance will be certified by or to Secretary of State. You may find out this person does have insurance or assets to pay so he or she can keep their license. Consider hiring an attorney to handle your claim. Reporting individuals to IDOT helps keep such drivers off the road or insured. This will help you prove lack of insurance if you have any injuries if you make an underinsured motorists claim.


  4. On the auto damage claim, make sure to follow up with the state of Illinois Department of Transportation so that the driver's license of the other driver is revoked. Also, contact the county state's attorney's office and file a complaint so that the other driver will be charged with driving without insurance. He will then be required to appear in court and pay a substantial fine. If you were injured, you should have Uninsured Motorist (UM) coverage with your own insurance company. You can check the Declarations Page of the policy to see how much UM coverage you have. That type of coverage is to compensate you for your injuries. Most attorneys will be willing to represent you on a contingency fee basis if you were injured and have UM coverage.

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