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Can i sue my insurance and the person insurance that rear ended me

Hazel Crest, IL |
Attorney answers 11

Posted

What did your insurance company do?

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

Posted

The fact that she struck you in the rear while you were stopped, especially because she was not paying attention but instead texting, would result in a liability finding against her and in your favor. However, aside from coming to an amicable settlement with the woman's insurance company, you do not sue the carrier - you sue the woman and the carrier represents her interests. If you were injured, you should seek medical treatment immediately, and also consult with any attorney, who can represent you for both a property damage claim and a personal injury claim. You do not sue your own insurance company unless it wrongfully denied you whatever benefits you are entitled to receive through your own policy.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

Mr. Schwimmer is correct. Illinois does not have "direct" suits versus insurance carriers. You sue the person, their carrier steps in to defend their interests. In my opinion, cases such as these are becoming all too common and reprehensible. They MAY be grounds for punitive damages in the right situation, but you need court approval before a punitive count can be filed. I am seeing this as a factor more and more. Decades ago when I began, we'd ask about distractions like eating and smoking. Now, it's not uncommon to have witnesses state the person was looking down at their phone while driving right before impact. In fact, there was even a helicopter crash recently caused by texting.

Posted

If need be, yes. It all depends how badly you were injured.

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

Charles Joseph Michael Candiano

Charles Joseph Michael Candiano

Posted

To be clear, you cannot sue your insurance carrier but you may have a claim if your injuries merit recovery beyond the limits of the driver who hit you AND if you had underinsurance coverage on your policy. Whether the driver who hit you was texting, high on drugs, dead drunk, had no license, or all of the above has NOTHING to do with the value of your case. That is determined by the extent of your injuries.

Posted

You should contact a lawyer to sort out your best plan of action. Whether you will need to actually file a lawsuit depends on many factors (e.g. were you injured). Please feel free to contact my associate, Emily Herrell, at 312-828-9666 for a free consultation.

Posted

This sounds like a typical rear-end collision case. You can present a claim against the at-fault driver, and, if he/she is insured, the insurance company for the at-fault driver will hire an attorney to represent that driver. If the at-fault driver has no insurance, or minimum insurance, then you can pursue an uninsured/underinsured motorist claim against your insurance policy, depending on your policy limits on that coverage. I suggest you consult with an injury attorney who can spend time with you to gather all the information necessary to determine the best course of action to take. Particularly if the at-fault driver is uninsured, you need an attorney to guide you through that process. I have experience presenting and defending motor vehicle accident claims and can help you.

Posted

Maybe. Need more fact about liability and policy limits, among other things.

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.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

Keep in mind the suit is personal. There are no direct suits vs insurance in Illinois for what you describe.

Posted

If you were injured, retain one of the personal injury lawyers in your state above to investigate a claim. Don't try to resolve it yourself.

Posted

As most have already commented, more facts are needed such as: were you injured? If you were injured, the severity of the injury and need for current and/or future treatment will drive settlement talks and settlement value of your case. I always suggest talking to an experienced injury attorney, if possible, before you provide any statements to the insurance companies. Our website has a great page on auto accidents. Take a look and then give us a call if you want to discuss your case.

Posted

Yes, you may be able to sue both insurance companies; however, it will depend on the type of coverage that you have on your policy. In Louisiana, for bodily injury cases we would look for underinsured motorist (UM) coverage and medical payments coverage.

Posted

You cannot sue the 3rd party tortfeasor's insurance company directly. You may be able to sue your company directly, if there is underinsured motorist coverage involved.

You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. 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. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

Posted

Sue the at fault driver

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