Chicago, IL asked in Car Accidents for Illinois

Q: I was in a car accident that was the other driver's fault. Turns out they did not have insurance.

They provided proof of insurance at the time of the accident but it turns out it was expired. Can I sue them to get my deductible back as well as for the time I have invested in this?

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3 Lawyer Answers
Barry Zlotowicz
Barry Zlotowicz
Answered
  • Personal Injury Lawyer
  • Glenview, IL
  • Licensed in Illinois

A: Hello, sure you can sue them. The problem is, if they don't have auto insurance, they probably don't have any assets.

However, if your total claim is worth less than $10,000, you can file suit in small claims court. That is what it is intended for.

If you have any questions, feel free to contact me.

Thanks

Barry Zlotowicz

Chicago Legal Group

Charles Candiano
Charles Candiano
Answered
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: You don't need to sue anyone. You or your insurance company simply report the accident to the Secretary of State. They will suspend the driver's license, indefinitely until you and your insurance company are paid. The at-fault driver must pay or discharge in bankruptcy.

A lawsuit isn't always the answer.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: If you were hurt contact a member of the Ill. Trial Lawyers Assn--they give free consults. You may have a claim for uninsured motorist coverage if you had it, and that's not d.i.y. If owner didn't have coverage get two estimates, send them to him, if he doesn't pay report him to the DOT for not paying your claim

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