"Good Faith Effort" to Serve Summons - IL

[innesfreeil]

What is the name of your state (only U.S. law)? IL

Hi. I'm in Illinois. I am trying to serve summons for an auto accident. The Sheriff wasn't able to deliver the summons.

Should I hire a detective (special process server) before trying to place an ad in a newspaper? Once I place the ad, don't I have to do it for 3 consecutive weeks in Illinois?

Can I get the other person's address through the Dept. of Motor Vehicles or Illinois Insurance Commission? Thanks. My court date is in 2 weeks. I tried filing against the insurance company since I couldn't find the individual, but now the insurance company is trying to say that is improper. Any ideas would be appreciated.

 

[seniorjudge]

You are vastly confused.

You cannot sue the insurance company of the other person since you had no contract with them.

Anyway, have your lawyer hire a private process server.

The other person's name is on the accident report.

 

[ecmst12]

You would always sue the person that damaged you, the insurance company didn't cause the accident, so that is why it's not proper to sue them.

You may be able to get an address from the DMV or from the police report. You can also send a copy of the suit papers to his insurance company as a courtesy. Since they have a duty to defend him, they will have an interest in locating him.

However you probably will need to move the court date up.

 

[innesfreeil]

Dealing with Insurance Companies - Motion to Dismiss

What is the name of your state (only U.S. law)? IL

Does anyone know how I can get someone's insurance company to stop coming after me for payment. Another driver hit me and their insurance company wouldn't even come look at my car. (I didn't have insurance at the time.)

I'm trying to sue the other driver, but the Sheriff tried to deliver the summons to the wrong address. I'm working on getting a new alias summons delivered.

We had a court date yesterday, and the insurance company attorney said it was inappropriate for me to sue them and they are filing a motion to dismiss. (I served them because I didn't think I would be able to reach the other driver, but I found out the address I had was correct.)

I assume that her insurance company will defend her when I try to get her to pay for the damage to my car, but I need to know how to get them to stop trying to get me to pay for her car.

If the Small Claim Court Judge deems her responsible for 90% of the accident, would that affect what the insurance company expects me to pay for the damage to her car, or do I have to file a separate court case against the insurance company for that?

Are there papers I should file contesting the insurance company's "Motion to Dismiss?" I am not trying to get them to to pay for my car, but rather to get them not to try to make me pay for the other driver's car.

Also, as a Plaintiff, isn't it true that I cannot be held liable for more than 50% of the blame for the accident? Thanks.

 

[ecmst12]

What exactly happened in the accident? If you sue, expect a counter suit.

 

[innesfreeil]

What Happened in the Accident?

The accident was in a parking lot. I came into the lot and saw a parking spot ahead of me. I had to cross two lanes to get to it. I crossed the first lane successfully. I stopped and looked right and no one was coming. I looked left and no one was coming. I started moving at 1-2 MPH. I looked right again and a car was coming at me and not slowing down. I braked. The other driver's car scraped across my front end cracking my front bumper. She stopped about 15-20 feet past my car.

 

[ecmst12]

The other driver had the right of way and you are 100% at fault. You owe the cost to repair the other vehicle and they owe you nothing.