defending a auto personal injury lawsuit in IL

Car accident insurance claim: I am being sued because of losses to an automobile accided I wan in and at the time I had not insurance. I was not legally guilty in the accident, can I do something about this?? - Is this your question? Add additional information
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Answers (3)

Oscar Michelen

Oscar Michelen

Contributor Level 7
Just because you had no insurance in effect at the time of the accident does not mean that you automatically lose the lawsuit. The other side must still prove that you were responsible for the accident and that they suffered damages. The main benefit having insurance provides is that you get a free lawyer through the insurance company. Since you did not have insurance, you will have to pay for your own attorney with your own funds. You should get a consultation from a local attorney who is a qualified practitioner in your area.
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Michael W. Clancy

Michael W. Clancy

Contributor Level 4
Yes you can. In order to win the case against you, the person who sued you has to prove that you caused the accident. You did not say where the lawsuit was filed. In small claims court, you can defend yourself without a lawyer if hiring one doesn't fit into your budget. The important thing to know about small claims court is that you need all of your witnesses in court on the day of the trial (which is a different day than the first day that you have to show up). Generally statements or letters aren't good enough-- the witness needs to be there for his or her testimony to be considered by the judge. If the case against you is filed in either the LM or the L division of the court, you are entitled to represent yourself if you would like, but it will be difficult. I recommend that you consult with a lawyer if the case is filed in one of these two places so that he or she can help you defend yourself.
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Erik Glen Swanson

Erik Glen Swanson

Contributor Level 7
If you have been named as a defendant in a civil action, it is very important that you consult with an attorney. Depending on your financial situation, you should be able to find an attorney who can work with you at prices you can afford. If you fail to respond to the complaint, the plaintiff can win by default, get a judgment and do things like garnish your wages to collect.

If you cannot afford an attorney, you can represent yourself (called "pro se") but this is very difficult for most people, as you will be held to the same standards as an attorney and may not know defenses you have available to you, which could result in an unfavorable result.
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