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Illinois Insurance Defense Questions & Answers
2 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for Illinois on
Q: Can I sue after signing a law and injury form with State Farm and my car was totaled?

I was in a car accident and signed a law and injury form with State Farm. A couple of days later, State Farm totaled out my car. Given this situation, am I still able to sue?

Charles Candiano
Charles Candiano
answered on Mar 10, 2025

There is no such thing as a "Law and Injury Form," so it is difficult to answer. Your property damage claim is handled entirely separately from your personal injury claim. Before any insurance company will release any money to you for property damage or personal injury, you must... View More

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2 Answers | Asked in Car Accidents, Insurance Defense and DUI / DWI for Illinois on
Q: Can the other driver go over $25,000 settlement cap without DUI proof?

I was involved in a minor collision early last year where my grill was chipped and my license plate bent. The police told me to "just go," and I didn't take a DUI test. Now, the other driver is suing my car insurance for injuries, but they don't want to settle for my policy cap... View More

Theodore J. Harvatin
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answered on Feb 23, 2025

They probably will not be able to prove you were under the influence but there’s nothing stopping them for making the claim although there should be some evidence to support it before they claim it is the case.

On your other thing, you probably received a letter from your insurance...
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2 Answers | Asked in Car Accidents, Insurance Defense and DUI / DWI for Illinois on
Q: Can the other driver go over $25,000 settlement cap without DUI proof?

I was involved in a minor collision early last year where my grill was chipped and my license plate bent. The police told me to "just go," and I didn't take a DUI test. Now, the other driver is suing my car insurance for injuries, but they don't want to settle for my policy cap... View More

Charles Candiano
Charles Candiano
answered on Feb 24, 2025

Let's get something clear. When you have an accident, you are either at fault or not at fault. Beyond that, for the purposes of calculating the value of the claim nothing else matters. You could be a nun, driving sisters to a convent or you could be a junkie, with an open bottle of... View More

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Illinois on
Q: I need help here I'm out 48 thousand dollar and only got a partial payment of 3000 and I never signed off on this matter

I find it all unjustified how I was done in this matter of my things I worked hard for for 17 years and got 3000 dollars out of all it 48 thousand worth and showed proof of what they asked and I got 3000 for all of it and that was 2 years ago and I didn't sign off on anything in this matter so... View More

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2024

An Illinois attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It sounds like you're basically saying you got shortchanged on an insurance claim. If that's the case, you could set up a consult with a local attorney to review the... View More

1 Answer | Asked in Traffic Tickets, Insurance Defense, Car Accidents and Personal Injury for Illinois on
Q: Will I go to jail for my first traffic offense causing car damage and being uninsured?

I was involved in my first traffic offense where I was uninsured and caused property damage to a car. The damage involved was car property damage, and I have a clean record until now. I have been given a court date. Will I go to jail for this offense?

Charles Candiano
Charles Candiano
answered on Apr 4, 2025

Assuming the citation was issued in Illinois, almost certainly not. That is probably the case in Wisconsin but I do not practice in Wisconsin so I cannot tell you. That said, you must immediately make arrangements with the other driver or his insurance carrier to make payments on the debt or... View More

1 Answer | Asked in Traffic Tickets and Insurance Defense for Illinois on
Q: How should I plead to a "driving too fast for conditions" citation after a minor accident?

I received a "driving too fast for conditions" citation after my car slid on a snowy day while I was making a right turn into a driveway and crashed into a car stopped at a stop sign. No one was injured, and this is my first driving infraction. The police were called, a report was filed,... View More

Theodore J. Harvatin
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answered on Mar 19, 2025

Other driver probably will not show up and the ticket will be dismissed. Otherwise ask for court supervision.

1 Answer | Asked in Traffic Tickets and Insurance Defense for Illinois on
Q: Impact of Illinois open container citation on insurance and record?

I received a citation in Illinois for having an open container in my vehicle while I was with a friend. I’ve never had a similar violation before. I'm concerned about the impact this may have on my insurance, the cost of the ticket, and how it might affect my record. Can you provide guidance... View More

Theodore J. Harvatin
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answered on Mar 13, 2025

Ask for court supervision. A conviction has many potential negative consequences that supervision avoids.

1 Answer | Asked in Insurance Defense for Illinois on
Q: Hello,My short term disability claim was approved by insurance company in Jul/Aug 2024. But they denied Oct/Nov 2024.

For the same condition, checked by the same doctors office. I have right swollen leg, which became worst on the job. What should be done? Pl help me because I'm not paid since Oct 2024.

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2025

An Illinois attorney could advise best, but your question remains open for a week. No one here could meaningfully answer your question about what needs to be done without seeing your file.

The short answer that I suspect might apply in your case would be to place the matter into suit or...
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2 Answers | Asked in Insurance Defense and Traffic Tickets for Illinois on
Q: Can I get a charge of driving with a suspended license plate thrown out if I show proof of insurance prior to the stop?

I got a court date and a $1000 charge for driving with a suspended license plate. The plate was suspended for lack of insurance. Shortly after my license plate was threatened with suspension, I acquired insurance. I had no knowledge that my plates were suspended until the officer who pulled me over... View More

Theodore J. Harvatin
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answered on Nov 21, 2024

They probably required you to obtain a special type of insurance called SR 22. If you only had regular insurance and they wanted SR 22, that would not have fixed the problem

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1 Answer | Asked in Car Accidents, Traffic Tickets and Insurance Defense for Illinois on
Q: Legal Advice Needed for Rental Car Accident

I am seeking your advice regarding a car accident I was involved in while driving my friend's rental car, which he had rented from Hertz. My friend did not purchase the rental insurance, assuming his Discover credit card would provide coverage. Since I do not own a car, I do not have any... View More

Theodore J. Harvatin
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answered on Nov 18, 2024

Unclear what your question is. Started out talking about insurance, then addressed whether you were at fault. The second question cannot be answered in an online forum. The first one, same

2 Answers | Asked in Car Accidents and Insurance Defense for Illinois on
Q: In September I hit a deer and rolled my car in the next day and for a couple months
Joel Gary Selik
Joel Gary Selik
answered on May 28, 2024

It is suggested you post your question again with more information and specific questions to allow good answers.

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Illinois on
Q: I filed an appeal with my past insurance, and won. They won't send me a letter or email showing the records. allowed?

I filed an appeal with my past insurance, and won. They agree to remove the misrepresented/Fraud they marked on the claim as well as remove the claim so it would not effect me getting insurance with other company's. When I asked for a letter to show proof, or a email they said they can't... View More

Tim Akpinar
Tim Akpinar
answered on Feb 17, 2023

An Illinois attorney could advise best, but your question remains open for three weeks. There aren't details here on what the matter involved, and who handled the appeal. However, if you won an appeal, whether in court or through an arbitration tribunal, that would usually involve receiving a... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Traffic Tickets for Illinois on
Q: My 16yr old received a no insurance ticket in a vehicle that is not his. will he lose his license over this. Illinois

I presented my insurance card to the States Attorney office's and that is when i found out my insurance has lapsed. Now he is the one introuble. I have since then insured my vehicle thru a different company. What are we looking at

Theodore J. Harvatin
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answered on May 2, 2022

Go to court with him along with proof you have insurance now. They will give you court supervision (protecting the license), although they will require him to carry SR 22 for a period of time.

1 Answer | Asked in Car Accidents and Insurance Defense for Illinois on
Q: Dear lawyers, I hope this message finds you well. Recently, I had an accident, and a car hit me from behind.

The driver’s car insurance is American Family. Based on the State Police Trooper report as well as the American Family insurance company investigations, the driver behind me was at fault for the accident. Therefore, I was told by the American Family insurance company that they will fully cover... View More

Charles Candiano
Charles Candiano
answered on Feb 2, 2022

By definition, whenever the cost of repair exceeds the fair market value of the vehicle, it is totally demolished. On your facts, your car is worth $1500 and would cost $12,000 to repair, accordingly, your car is totally demolished. You have choices.1.) You can accept $1500 and give the title to... View More

1 Answer | Asked in Insurance Bad Faith, Family Law and Insurance Defense for Illinois on
Q: My dad passed away he left his life Insurance policy to my older brother. But my brother is in drug rehab I need it pay
James G. Ahlberg
James G. Ahlberg
answered on Jan 29, 2022

Your father had a contract with the life insurance company that requires them to pay the benefits of the policy to the person he named as the beneficiary. They won't make an independent determination of the wisdom of your father's choice. Furthermore, if they gave the proceeds to you,... View More

1 Answer | Asked in Insurance Defense for Illinois on
Q: Should I give my insurance a recorded statement?

My insurance is asking for a recorded statement. They already paid my claim + my car was fixed. They say they need the recorded statement to get my deductible back for me. I've already given a written statement. Should I give a recorded statement? I was always told not to do this in the past... View More

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. Insurance policies generally require cooperation from policyholders in the event of an accident. This can mean making vehicles available for inspection, making oneself available for physician examinations,... View More

1 Answer | Asked in Car Accidents, Insurance Defense and Traffic Tickets for Illinois on
Q: I have a car with insurance but my brother drove my car with a revoked license. I was not aware. Will I be covered?

He drove my car while I was out of the country. Just waiting for my insurance to call back.

Charles Candiano
Charles Candiano
answered on Jul 26, 2021

It depends on your carrier. Your insurance only covers "licensed drivers." Given that his license was revoked, your brother was NOT a licensed driver. Any carrier could use such an opportunity to legitimately deny a claim. That you were unaware is irrelevant unless he stole the car.... View More

2 Answers | Asked in Traffic Tickets, Car Accidents and Insurance Defense for Illinois on
Q: I'm uninsured and someone lets me drive their car also is uninsured, i got into totaled the car, i do i have to pay?

got into an accident and totaled the car*, is it required to pay them?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 5, 2021

If you are at fault in the accident and do not have insurance, then the victim or other party's insurance company very well may make demand on you and/or sue you for the damages. Also, it may impact your driving privileges. Depending on your financial situation, you may want to consult a... View More

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1 Answer | Asked in Civil Litigation, Insurance Defense and Legal Malpractice for Illinois on
Q: Does a lawyer have any recourse against the filer of a false ARDC complaint? Or does Rule 775 grant him TOTAL immunity?

Ill. Sup. Ct. R. 775 “IMMUNITY” seems to offer total protection to anyone who files an ARDC complaint against a lawyer, even if the grievance is entirely untrue and filed simply to harass the lawyer. The ARDC thoroughly investigates every claim, and it seems unfair to force lawyers to spend the... View More

Robert Shipley
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Robert Shipley
answered on Sep 17, 2020

I have read both of your questions. Rule 775 does provide that immunity in the context of ARDC communications. It is not clear if the suit you describe is a malpractice claim against you, but if so I would suggest you review with your attorney. If not involving a malpractice claim, but arising from... View More

1 Answer | Asked in Civil Litigation, Insurance Defense and Legal Malpractice for Illinois on
Q: Must a defense lawyer in Illinois inform his client that he may have insurance coverage for a lawsuit?

Does a defense lawyer practicing in Illinois have an ethical obligation to inform his client that the client may have insurance coverage for a lawsuit that would cover the client's legal fees? Even if this means that the case would have to be tendered to the insurance company and that lawyer... View More

Robert Shipley
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Robert Shipley
answered on Sep 15, 2020

Generally, any claim/case should be reviewed to determine if there is possible insurance coverage. If there is potential coverage then the claim/case should be forwarded to the parties insurance agent who will transmit to the insurance company. If there is coverage, then the insurance company... View More

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