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The at Fault driver already submitted claim to insurance and admitted being at fault can my vehicle begin getting fixed?

Chicago, IL |

A driver hit my vehicle and they were at fault. Unfortunately I was in between the renewal process of my own insurance so wasn't covered at the time. I immediatley updated everything and got covered the following morning which I know won't help the initial incident. Luckily, the at fault driver already submitted the claim to their insurer and admitted being at fault. I was not injured. However The damages will be costly I was already quoted for over 3000 to repair. Am I still able to utilize the insurers car rental service. And is the company still responsible for fixing my car even if I wasn't covered at the time? The only thing I want is my car repaired and perhaps a rental for the time frame it is being repaired. Can I still get those things through the other party's insurance company?

Attorney Answers 7


  1. Yes, you are entitled to repairs and rental. The rental will only be for a reasonable time. If it is a substandard insurance company things will get complicated. Good Luck.


  2. Your lack of insurance has nothing to do with the other party's responsibility to compensate you for your damages. Try and get direct billing to the insurer for the reasonable rental expense.

    Mr. Padove is licensed to practice law in Illinois and Indiana. He can be contacted at Burtonap@aol.com (219) 836 2200. 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. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.


  3. The short answer is yes.

    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


  4. Yes. The other posters are correct.


  5. Yes.

    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.


  6. Defendant is responsible for your losses. It is irrelevant whether you were covered under your insurance.

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