Q: Was hit by a driver who was insured by United Equitable in Illinois. Equitable has denied liability because
Their client has not submitted the required “paper work” within the 91 days required by UE. Even though their client was at fault, as evident by the police report, UE denies any liability because their client has failed to submit his required accident report. Is this legal?
A: It is legal. Therefore you sue the driver to get the driver to report this to his insurance company.
A: It is legal. Unfair, but legal. This is sadly how several insurance companies, UE amongst them, operate. However, you are not necessarily without recourse. If you have your own auto insurance, though, you can pursue what is called an "uninsured motorist" claim with them. Your auto insurance will just likely request from you a copy of UE's letter denying coverage before moving forward.
Charles Candiano agrees with this answer
A: Legal as the insurance company is merely following their own policies for its basis of denying the claim. You are better off seeking an attorney to pursue the claim further in court in the event that you are seeking recovery for any bodily injuries you may have sustained. However, if the accident only resulted in property damage, it would be ideal (in your particular situtation) that you go through your own insurance and your insurance will handle the subrogation claim.
As Ms. Seeskin told you, your only real remedy is to make a UM claim on YOUR insurance. If you were injured and sought medical care, consult a personal injury attorney. If you have a liability only policy, you have no recourse. If the other driver was uninsured, you could provide a copy of the police report, an estimate to repair your car, and medical bills, if any, to the Secretary of State's office. In that circumstance, the person who hit you would have their license suspended until they began making regular payments to you.
Unfortunately, if the Illinois Secretary of State can see that a valid policy of insurance was in effect on the date of the accident, they usually will not intervene.
If the individual who hit you is regularly employed, you could go to small claims and secure a judgment against him/her. Once you have a judgment, you could request a garnishment Order on the at-fault driver's wages. If the at-fault driver is not regularly employed or performs work for employers who pay/her in cash, your sole recourse is your own insurance.
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