Peoria, IL asked in Personal Injury for Illinois

Q: Who's at fault? Insurance denying claim

I was involved in an accident in the slick weather the other night. I was rear-ended by someone who is saying he was rear-ended. His insurance is denying my claim because the mystery car is liable. Problem is, neither he or I ever saw this other car. It's purely his word that he was hit. He asked me what happened and said point blank he never saw the other car and asked if I did. His insurance says they won't pay unless he changes his story. Does this seem reasonable? I have an older car and only have liability on it, so my insurance won't pay.

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1 Lawyer Answer
Charles Candiano
Charles Candiano
  • Chicago, IL
  • Licensed in Illinois

A: It is absolutely reasonable for his insurance to take this position. If the only reason he hit you is because someone hit him, he is not liable. In turn, his insurance company is not liable. That said, common sense should reign. It would be nearly impossible for his card to be hit hard enough to slam him into you without some evidence of contact on the back of his car. If there was damage to the back of your car, there must've been some damage to the front of his car. His insurance will refuse to repair his car until or unless he provides some evidence of "contact" by the other vehicle so it is in his interest to cooperate with you. Good luck.

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