Chicago, IL asked in Car Accidents for Illinois

Q: I hate a question about a car accident

My brother took my car without my permission and another car hit him on the eway. But my brother doesn’t have a license or ID so he ran because he was scared of going to jail. I don’t want to press charges on my brother at all but I want my car fixed. He was able to get a picture of her ID and License but that’s it. She also filled a police report that says a man was driving. And she’s not going to give me her insurance info. I’m wondering how I should go to my insurance agency? Do I tell them he took the car? But will they fix it? Will they still go after the lady who hit my car? I’m confused

Related Topics:
1 Lawyer Answer
Charles Candiano
Charles Candiano
Answered
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: If you can prove that the accident was the fault of the other driver AND if she had insurance, her insurance will pay for your car.

If your brother lives with you and he is not on your policy, you had to expressly exclude him from coverage so your insurance will fight the claim. Even if the accident was the other driver's fault, it could not have happened if your brother wasn't driving it.

You should not post, in a public forum that you are aiding and abetting a criminal (your brother)who, on your facts:

1.) Was driving without a License

2.) Was driving without insurance

3.)Left the scene of a property damage/personal injury accident

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.