Chicago, IL asked in Car Accidents, Civil Rights and Small Claims for Illinois

Q: What kind of a lawyer do I need to get

I had no car insurance on my vehicle and my boyfriend was driving my car and he was not insured at the time either.. I only have sr22 that’s it.. he got in a very bad car accident and hit another vehicle.. the guy he hit was in the hospital for only 3 days and now he wants to sue me because it was my vehicle and I’m not sure what kind of a lawyer I need to get.. I have nothing really to give and I don’t want my license to be suspended or anything.. I had State Farm insurance but it’s lapsed cuz I got behind on my payments

2 Lawyer Answers
Steve McCann
Steve McCann
Answered
  • Consumer Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: You need an attorney who specializes in civil litigation, specifically related to automobile accidents. If you did not have insurance at the time, you will need to hire one of us in private practice. I would recommend acting quickly, as there may be a chance you can work out a deal prior to the injured party filing suit against you, which will cause you to incur additional costs. Also, it is in your best interest to refrain from speaking with the injured party and/or his attorney until you retain an attorney, because your statements will be used against you at a later date. A knowledgeable attorney will guide and represent you through the entire process, and will make sure your interests are protected.

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

A: Your insurance had lapsed so what insurance you WOULD have had IF you paid the premium is irrelevant. If your boyfriend DID CAUSE the accident, you AND your boyfriend are BOTH individually and severally liable for the damage to the other vehicle, any damage to public or private property, and the injuries sustained by the other driver AND his passengers. The other driver will process an uninsured motorist claim through his own insurance.

In turn, the insurance company will report the fact of your non-coverage to the Secretary of State. BOTH of your licenses will be suspended unless one or both of you enters into and adheres to a repayment plan that is acceptable to the insurance company. If you do not comply, the other driver's insurance will sue you and your boyfriend to get its money back.

The only option to repayment would be for BOTH of you to file for Bankruptcy protection. If your boyfriend admitted that he caused the accident, hiring an attorney would be a waste of money. Besides, if you couldn't afford to pay a hundred dollars a month for liability coverage, where are you going to get a few thousand dollars to pay a retainer to an attorney?

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