I'm being sued in a car accident.

[jbk251]

ILLINOIS
I was in a car accident about two years ago in Chicago. I'm standing at the red light behind another car. When the green light comes up I hit the gas pedal without noticing the car in front of me was not moving. I rear-ended her at the speed less than 5 mph. I noticed there were no damage on either car then we exchange insurance info and left. There were no police at the scene.

Since there were no damage I didn't report to my insurance company. I moved to St. louis about that time. Yesterday (Thursday)I got a letter from a law office indicating I'm being sued for $15,000 for personal injury, loss of wage and property damage and I need to appear in court on Monday. Prior to yesterday I never received any kind of paper regarding the accident.

I contacted my insurance company and they said they cannot do anything since I did not file a claim. They said they already denied the claim made by the plantiff.

Someone suggest that I should tell the insurance company to reopened the claim and file a report. But the court date is on Monday. I only have today (Friday) to find a lawyer and none is available at this moment.

If I go to Chicago to appear in court, can I get a reschedule from the judge?
What can I do at this moment besides waiting for a lawyer to call me back?

Any suggestion will be greatly appreciated.
God bless.

 

[seniorjudge]

ILLINOIS
I was in a car accident about two years ago in Chicago. I'm standing at the red light behind another car. When the green light comes up I hit the gas pedal without noticing the car in front of me was not moving. I rear-ended her at the speed less than 5 mph. I noticed there were no damage on either car then we exchange insurance info and left. There were no police at the scene.

Since there were no damage I didn't report to my insurance company. I moved to St. louis about that time. Yesterday (Thursday)I got a letter from a law office indicating I'm being sued for $15,000 for personal injury, loss of wage and property damage and I need to appear in court on Monday. Prior to yesterday I never received any kind of paper regarding the accident.

I contacted my insurance company and they said they cannot do anything since I did not file a claim. They said they already denied the claim made by the plantiff.

Someone suggest that I should tell the insurance company to reopened the claim and file a report. But the court date is on Monday. I only have today (Friday) to find a lawyer and none is available at this moment.

If I go to Chicago to appear in court, can I get a reschedule from the judge?
What can I do at this moment besides waiting for a lawyer to call me back?

Any suggestion will be greatly appreciated.
God bless.

Q: If I go to Chicago to appear in court, can I get a reschedule from the judge?

A: Probably; it is not set for trial; it will be just the first appearance.

 

[jbk251]

That was a relieve, thank you Seniorjudge. Anybody ever has a bad experience with insurance company? I tried contacting their supervisor to reopen the claim and file a report back but all I get was voicemail. I'll try it again on Monday for sure. In the mean time if anybody has any suggestion please let me know. i really want to turn this case over to them. After all that's why I paid the premium for, isn't it.

 

[weenor]

That was a relieve, thank you Seniorjudge. Anybody ever has a bad experience with insurance company? I tried contacting their supervisor to reopen the claim and file a report back but all I get was voicemail. I'll try it again on Monday for sure. In the mean time if anybody has any suggestion please let me know. i really want to turn this case over to them. After all that's why I paid the premium for, isn't it.

First thing you need to do is get a copy of your auto policy and read it...there is usually clause in the policy to the effect that the company's duty to defend and indemnify is triggered upon timely reporting. Did you report the accident to your insurer at the time? How long has it been since the accident? Depending on the policy language, actual notice may have been sufficient (you indicated that they told you they already denied the claim).. Normally, there is a duty for the insurance company to pay for your defense and pay the judgment (within policy limits) if there is one. Call them and see what they say....if they continue to deny coverage then tell them you want a denial in writing. Then take the letter and the policy to a lawyer so that the lawyer can explain to the co. that there is coverage under the policy and here's why...

 

[jbk251]

Great advice, thank you very much weenor. I will go ahead and read the policy. The problem is that I never report the accident and it's been almost two years now. That's what they argue against me when I call them earlier today. Oh well.

 

[OHgurl2002]

Probably get a continuance...

Since this is the first time you're appearing and received such short notice, I can think of no reason a judge would deny you a "continuance" to obtain legal counsel.

Just a few reminders... you'll be appearing in a court of law. Dress and act appropriately. Wear a suit if you have one. If not, at least dress slacks and shirt. Speak to the judge, not the other side. Don't interrupt the judge. He or she is a neutral third party, so act respectfully, the judge isn't the one suing you! Just a few other things that I've noticed judges dislike: don't chew gum, turn off cell phone or beeper, don't wear a hat (if you do, remove it upon entering the courtroom). -- I hope none of this has offended you... working with the courts, I've noticed how many people aren't aware of these.

You're probably at a loss with the insurance as most have a required amount of time in which you must report the claim. <The reasoning for this is to allow the insurance company to have the best defense possible. If too much time goes by, the evidence can be almost non-existent. They lose their chance to effectively defend the claim.> If you fail to, they don't cover anything. Read your policy to find out what your time period is.

Good Luck!

 

[jbk251]

Thank you OHgurl2002. Does anybody else think I have no hope with the insurance company? I'm quite depressed right now. If that's really the case I don't know what I'm gonna do. Nobody in my circle of family and friends has ever been sued before. I make minimum wage. If I lost the case my life is pretty much ruined. So much for fender bender. Sorry I need to vent.

I've been doing research like crazy about this matter. I don't know whether I should hire a defense attorney or insurance lawyer and how much it's going to cost. Has anybody ever used the Illinois Legal Aid Hotlines?

 

[weenor]

As far as the policy is concerned...it will depend on the policy language and the Illinois appellate courts interpretatin of the language if any. Insurance companies can be sued for bad faith, so they usually will cooperate in a defense even if the reporting time has expired...btw the language usually says within a reasonable time...

THe other thing is that you have indicated that the insurance company knew about the accident when you called..that would be that the other party notified them of the claim and "actual notice" prevent them from denying you a defense...

Any defense lawyer should be able to interpret the policy and write a letter or two to the insurer reminding them of their duty to defend. I wouldn't think it would cost but a few hundred bucks..Call your local bar association for referrals. It is worth pursuing.

 

[jbk251]

Thank you weenor. I'm leaving for Chicago tomorrow morning. There's so much to do next week besides regular job. I'll keep this post updated so it can be useful for anybody in my situation. Thanks again for all the responses. They are all invaluable to me.

 

[weenor]

Thank you weenor. I'm leaving for Chicago tomorrow morning. There's so much to do next week besides regular job. I'll keep this post updated so it can be useful for anybody in my situation. Thanks again for all the responses. They are all invaluable to me.

Ah chicago...get some good pizza if your downtown. Giordonos (spelling is probably wrong...but on Ohio just off Michigan Avenue. Good stuff.

 

[jbk251]

Here's an update.

I went to the court this morning to file an appearance. It was quite simple like fill out the form and pay for the court fee. The clerk informed me that the court will notify the trial date by mail within 6-8 weeks. The whole process takes about 10 minutes.

Since the corporate office of the insurance co. is in Chicago I decided to go get a copy of the policy during this trip and maybe talk to the claim adjuster in person. Boy was I lucky, I did get a chance to talk to him in person and it went a lot smoother than on the phone the other day. They finally decided to have their attorney represent me in court. I was so relieved. Maybe being nice to him helps a bit but I don't know for sure.

Anyway, I came back from Chicago with a couple of nice sweaters and a stomach so full. Thanks again everybody!!