| A few ?'s and some history
What is the name of your state? IL
Questions are marked with a Q: if you don't need to know the history
My vehicle was in an accident on sept 27, 2007. It resulted in a total loss. I had loaned it to my brother who was driving at the time. Also an insured driver. The woman who hit me has a low class insurance company. At time of the accident she was issued a ticket for disobeying a red light and was found guilty in court on January 28th, 2008. At first contact with the insurance company the insurance claims adjuster had told me that I needed to fill out his claims form and send it back to him, then wait for someone to come and look at the car. 2 weeks later I call him and ask what the scoop is he says its a total loss and he would notify me when he got the police report and concluded his investigation. Shortly after that I got a denial letter in the mail stating that there were no witness' or tickets issued and that it since it's just his word (my brother the driver) against her's that they had determined the accident his fault and therefore denied the claim. I don't have exact date available but it was well before the court date for the ticket got settled. I then called them again and was told that the police report didn't have any ticket or witness information on it (that is how they are handed out due to a Privacy of Information Act). When I disputed that I had a court date for a ticket that was issued the conversation turned into an argument by him arguing with me and telling me that there wasn't anything on the police report and that was what he was basing his decision on. Now I have contacted them twice to notify them of the convicted ticket, and haven't gotten any response from the adjuster or his manager. I filed a Better Business Bureau complaint against them and in one of the managers responses was that I was a 3rd party claimee.
Q: What is the difference in rules and regulations regarding 3rd and 1st party claims?
Now in my state I have researched that I have to sue the other driver in a civil court, and in a perfect world, then the insurance company will represent her in that trial. However, what if she doesn't show up or do her obligations for this to close then my only option is to suspend her license for financial responsibility. Also the insurance company gets off the hook this way. It causes her and me alot of unnecessary complications.
Q: Is there anyway to switch this case to a criminal or discrimination act on the insurance company based on their failure to follow regulations on investigating a claim thoroughly like the law states that they have to do when it is a 1st party claim?
Q: Or is there a way to pass this onto the states attorney for a criminal investigation that is if any laws were broken on the companies part.
Thank you for your time and answers in advance | 
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