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What can I do in my case?

Chicago, IL |

I was in a car accident a couple of weeks ago, I was the passenger in a vehicle. The driver went off the road and hit a tree. The police charged her with a DUI since her level was. 081. It turned out my friends insurance company had dropped her due to non payment. I Was in the hospital for 3 weeks and suffered multiple broken bones and even had to have my spleen removed. I could not work for 3 months so I lost a lot of money. Ever since then I have been running my medical bills through my own health insurance. Since my friend had no auto policy that was valid what can I do to help me pay for some of these bills? Could I get money from my own car insurance? I do think want to sue my friend she does not have much money.

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Attorney answers 8


If you have Un/Under Insured Motorist insurance coverage, then your insurance might cover some of your bills. Consult a local attorney so they can review what coverage you have or what are your other options.

This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed.


You need a local and qualified personal injury litigation attorney; best way to protect yourself.

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


You have three options to look into. One is to sue the server.The second is to pursue your own insurer depending on your coverage. The third is to submit a claim under the Crime Victims Act.

Mr. Padove 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. 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. (219) 836 2200


Your time line is confusing. You state you were in a car accident "a couple of weeks ago" but indicate you had medical treatment and "could not work for 3 months." Was this a typo on your part and the medical treatment was due to the auto accident or did you receive treatment for unrelated injuries or illness? In either case, you were correct to take care of your medical problems and to claim the expenses on your health insurance. If you were injured due to the accident, you can make a claim on your own auto policy but you maybe denied at this late date and even if you are covered, you probably do not have much medical coverage. Ultimately, your only other recourse would be to sue your friend and you might not be terribly successful there either.

This is a very sad story. I hope you will completely recover physically. It may be a long time, if ever, before you totally recover financially. You may wish to discuss your situation with a PI attorney. Perhaps you still have options available.


You need to sit down with an experienced personal injury attorney to make sure your rights are protected.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


The options as I can see them are medical payments coverage on your policy, which I'm sure is exhausted by now, and a Uninsured Motorist Claim against your own carrier, which is limited by the liability limits you carried.

If you were unfortunate enough to be riding with someone who was drunk and uninsured, this is the only option.

The only other possible avenue would be to have an attorney dig deeper and see if your friend, or anyone else in her household, had any additional coverage. Otherwise, I do not see any options in your case. I'm sorry.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL

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.


UM / Dram Shop. Retain a local personal injury lawyer to investigate.

Stephen Laurence Hoffman

Stephen Laurence Hoffman


Dram shop only kicks in if the alleged intoxicated person (AIP) got intoxicated at a place that sold liquor AND the defenses do not apply (the injured person was complicit in buying drinks for him or her). These are difficult cases as they hinge on the specific facts AND are limited by law in Illnois as to the amount that can be recovered. All kinds of issues for which you would want to retain a lawyer.


If you are a passenger in an automobile accident with the driver being at fault and the car you are driving in was uninsured, then you need to start looking for uninsured motorist coverage. Did you own a car that had insurance? Were you a named insured on any automobile insurance policy? DId any relatives you lived with own an automobile that was insured? Were you a named insured on a work policy? If the answer is yes, take those policies to a local automobile accident attorney to get an opinion on your case. If the answer is no, still go to an attorney because there may be other options for uninsured motorist coverage.

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