Troy, IL asked in Car Accidents for Illinois

Q: If you back into someone in a parking lot with a car that you do not have insurance for are you held reliable for damage

I know this sounds like a simple question but what if have insurance for your own vehicle. can that insurance pay for the damages.

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

A: It depends on many factors. On the one hand, you cannot own 4 cars, insure only one, and expect that you are covered for all four. The insurance company would cry "fraud." On the other hand, if the uninsured car belonged to someone else, and you do not drive it regularly, the damage to the OTHER car should be covered at 100% and the car you were driving, pursuant to your deductible (provided that you have collision coverage).

Generally, primary insurance coverage follows the car. So, if you are a permissive driver on a friend's car and the friend has insurance, YOU are covered under your friend's insurance. If you are injured in a car or hit by a car (whether as a pedestrian or cyclist), YOUR car insurance will cover you.

Robert D. Kreisman
Robert D. Kreisman
PREMIUM
Answered
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Yes you would be liable for the property damage to the other vehicle. I am assuming the gist of your question is insurance coverage. You stated that the vehicle you were operating that caused the damage to the other vehicle was uninsured. Nevertheless, liability would remain and thus you would be responsible.

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