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unDisclosedIL

Junior Member
What is the name of your state (only U.S. law)? ILLINOIS

I need some help. I had an accident 2 years ago (OCT 1 2006).
I was at fault and both the cars were totalled. I was issued a ticket by the cop. I informed my insurance company about the accident and my insurance paid money to compensate for the totalled cars for both the parties.
Unfortunately the other party a lady got bodily injuries ( as claimed by her). The lady has hired an attorney and I came to know about it only this year (1 year and almost 6 months later about it).
My insurance said that the lady had back surgery and has gone to physical therapy few number of times. My insurance has been sending letters to the attorney to send medical information , bills etc , so that the case can be settled. But their attorney is not replying. The letters are being sent for the past 8 months , but still we have not received any response from them.

The IL statute has the limitations of 2 years to file lawsuit. Since the attorney has not responded, I am scared that they may file a lawsuit (as it will complete 2 years on Oct 1). My insurance adjuster said that they may file lawsuit to protect their rights to claim later on.

Thus I am very scared with all these circumstances. My bodily injury claim limits with insurance is pretty high.. I am scared if the attorney demands more money than that..what will happen in this case ? I am very very scared. What if they file lawsuit, will it be against me or against the insurance company ?.

Will it be harmful if I keep calling my insurance company to find out , if we have received any letter from their attorney . Please help. I appreciate your response.

Thanks
 


woodykas

Member
Back to The Future ? what do you mean by "I had an accident 2 years ago (OCT 1 2006)" ?

It seems to be at least 4 years already passed.
 

cyjeff

Senior Member
Calm down.

This is why you have insurance... they will handle it.

Yes, if her injuries are more than your coverage, you are on the hook... but that decision isn't a slam dunk by any means.

Wait until you hear... you can do nothing else.
 

ecmst12

Senior Member
Try to put it out of your mind for now. There's nothing you can do but wait. Don't keep bugging your insurance company. If they need you, they'll let you know.
 

unDisclosedIL

Junior Member
Looks like the attorney is claiming the highest limits that i have on my policy. My adjuster has asked them to provide the medical history of the client, so that she can evaluate the case and make offer. Is it possible that they may demand extra money from me apart from insurance. My adjuster is not in town, so I spoke to a different adjuster and she says that we should be able to resolve the dispute , but nothing can be said unless the evaluation of medical history is done. They may serve me to demand more than policy limits if the injury is severe.

please advise.
 

unDisclosedIL

Junior Member
Please read this case.. Personal injury - auto accident

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

please note :- I had filed similar quesion before but there is additional informatio.Please read further..

I need some help. I had an accident 2 years ago (OCT 1 2006).
I was at fault and both the cars were totalled. I was issued a ticket by the cop. I informed my insurance company about the accident and my insurance paid money to compensate for the totalled cars for both the parties.
Unfortunately the other party a lady got bodily injuries ( as claimed by her). The lady has hired an attorney and I came to know about it only this year (1 year and almost 6 months later about it).
My insurance said that the lady had back surgery and has gone to physical therapy few number of times. My insurance has been sending letters to the attorney to send medical information , bills etc , so that the case can be settled. But their attorney is not replying. The letters are being sent for the past 8 months.

The attorney has finally responded last month claiming 100 k from my insurance for surgery and other treatments. My insurance has gone through the medical information that they have provided and has asked for medical history of the client for the past 5 years so that they can evaluate the case appropriately. My policy limits are 100 k , so it is ok wit me.

But the insurance has asked for more medical history to evaluate properly. My adjuster was telling me that , it is likely possible that they may file suit, since it is not possible to gather 5 year history in just a month's time. she said that as soon as you know about the lawsuit , let us know and we shall hire an attorney for you..

Now my question are
1 )what if they demand more money in suit lets say around 170 k...the insurance would give 100k , what about the rest..they mite go back to their insurance to claim the rest and the insurance might come after me ?
2) what if i dont get served by deadline , can they send me letter after a few weeks ? till what time do i need to keep worrying about this.. for a month after oct 1st..
3) is there any online source to find out if i ws served..
4) In case Iam served, what caution should I take or I should be taking before getting served.

I am just hoping I dont get involved in the lawsuit and that the case is settled..

Please advise.. God bless you all...

Please help. I appreciate your response.

Thanks
 

ecmst12

Senior Member
If/when you get served, inform your insurance company, send a copy of the papers to them, and wait for them to assign a lawyer to you. Once you have the lawyer, ask any questions you may have. Until then, seriously, QUIT WORRYING. You are only driving yourself bonkers over something you can't do anything about. Once you are served, it's likely nothing else will happen for a LONG time. And it's STILL likely that it will be settled out of court within your policy limits. Filing suit simply protects her right to sue before the SOL expires. It doesn't mean anything about the strength or the value of her case.
 

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