Counterparty found at fault, insurance company not responding need to take to claims court

[adjusterjack]

So I have to physically serve the paper to them in order for them to appear

No, not you personally. If you can't serve by certified mail you have to hire a private process server. A party to the lawsuit cannot serve the summons and complaint. It has to be somebody authorized by the court to do it.

So I sue the other party for the amount(s) that their insurance doesn't want to pay. Then I win the case then their insurance of the other party will pay for the amount awarded? So we come full circle and a lot of stress.

It's a lot less stress if you just make the claim on your Collision coverage and then let your insurance company spend the time and money getting reimbursed. That's what you buy the insurance for.

 

[Zigner]

That was already established.

Read it again. What part of not approving my estimate and forcing me to go through their centers do you not understand? Is that legal in the state of Illinois?

Yes, perfectly legal. If you don't like it, then sue the person who hit you.

 

[Taxing Matters]

That was already established.

Read it again. What part of not approving my estimate and forcing me to go through their centers do you not understand?

The part you don't seem to get is where I told you that the other driver's insurance company owes no duty to you and that its duty runs only to its insured — the owner of the car that hit you. As a result, it does not have to approve your estimate and it can request instead that you visit its centers so it can make its own estimate of the damage. If you want to settle with the insurance company directly you have to be willing to work with what the insurance company wants. If you don't like that then of course you don't have to accept that. But your alternative in that case is NOT suing the insurance company. That will get you nowhere because the insurance company had no duty to you and is not the one that hit your car and caused the damage. You sue the other driver. The other was the one who hit your car and is allegedly at fault. Thus, the other driver is the one liable to you for the damages done. So like it not, you either play along with the insurance company to try to get a settlement without suing or you sue the other driver. Those are your two choices.

 

[FMLA]

No, not you personally. If you can't serve by certified mail you have to hire a private process server. A party to the lawsuit cannot serve the summons and complaint. It has to be somebody authorized by the court to do it.



It's a lot less stress if you just make the claim on your Collision coverage and then let your insurance company spend the time and money getting reimbursed. That's what you buy the insurance for.

How itemized does everything need to be? Meaning I plan on making sure that all costs I incur are covered after the suit is finished.

 

[adjusterjack]

What part of not approving my estimate and forcing me to go through their centers do you not understand?

And what part of how do you know what their shop will do or not do until you go there and find out.

I was once like you when I was young and stupid. When anybody hit my vehicle and was at fault I went and got my own estimates and fought about it. Then one time I got rear ended and the other driver's insurance company said take your truck to our preferred shop and they will write it up. You don't have to use our shop but we will pay based on that amount. I thought, I'm to old to fight about it, so I went. They wrote it up. Looked fine, nice looking facility, and they had a direct bill setup with a nearby rental car company that would have a car waiting for me when I brought the truck in and it wouldn't cost me a nickel. A week later I went to pick up my truck and IT WAS PERFECT.

How itemized does everything need to be? Meaning I plan on making sure that all costs I incur are covered after the suit is finished.

Do you know what a supplement is? It's when the shop starts repairing your vehicle and finds additional repairs necessary. All they do is call the insurance company and get approval for the additional work. It's routine.

Either use your Collision coverage or take your vehicle to their shop and see how it goes. Or, you can waste the next couple of months battling it out in court where you don't get paid for your time off from work, you don't get paid for a rental for the time you can't use your car. Your choice.