auto accident insurance not paying

[dlindsay]

What is the name of your state? Illinois
My daughter was run off a main street in our city by someone in a road rage incident. He actually used his own vehicle to ram into her car several times. The police were called, witnesses gave accounts to the police, and the young man was arrested at the scene and taken to jail. The insurance company that he listed at the time of the accident. which was January 2002 had previously stated that he had coverage. Now they state they never heard of him and refuse to talk to my daughter. My husband's name was co-signer on the car. My daughter no longer has contact with us and we do not have a copy of the police report. What do we need to do to get this information and how do we get reimbursed for the car since we paid for it. It is undriveable and sitting in my garage.

 

[stephenk]

sue the other driver in small claims court if the damage amount falls with the monetary limits of that court.

 

[smorr]

I wonder if trying to sue someone who was sent to jail for the incident would be worth the money trying to get him to pay the damages. I'd also be worried he'd retaliate against you.

Did the insurance company ever send any letter to you stating he had coverage?

 

[dlindsay]

The insurance company is refusing to speak to us. I'm wondering if the State of Illinois can do something, either with the driver or with the insurance company. We had liability on my daughter's car so our insurance company doesn't get involved.

 

[smorr]

You could possibly try to contact your state's insurance commission. As with all attempts by a regular citizen (non- attorney, etc.), you'll run into some frustration getting through to the right department, but if you're persistent, you should get somewhere at least. If you get anywhere with the insurance commission, you could ask to file a complaint with them against the insurance company for refusing to give you information necessary to accomplish your goal. I'm not sure what that will do - since I don't know anything about Illinois rules/laws.

I don't think you have much recourse against the driver personally, even though he was obviously wrong in this case. But, you never know...

You also can get a copy of the police report from the police department - you don't need to hunt down your daughter to get the copy - they should keep records of accidents, especially where someone gets arrested. I hope they don't have a limit on how long they keep the reports, since it looks like it's been a while since the accident.

The report could also include (hopefully) the names and addresses/phone numbers of the witnesses. However, you need to remember that sometimes witnesses have this sudden "loss of memory" if they don't want to get involved. But if you have their names and addresses, and if this gets any court involvment, they may be subpoenaed to court (in that case, they'll have to show up). But they can still 'play dumb'.

As for reimbursement for the car - I'm not sure what to tell you. I think if you got anywhere with the insurance commission, they'd be able to advise you if you have a chance to recoup any losses on the car. They may also advise you to retain a private attorney. Which, in my opinion, may be your best bet if you don't get anywhere with the commission. Good luck!