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Auto Insurance Claims/Auto Accident Claim/Lawsuit Question

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Expert: webfoot - 8/4/2008


Question
I was involved in an auto accident back in January in Dupage County in the State of Illinois.  I had full coverage on my vehicle and I believe the other party only had liability.  I slid on ice from the driveway/road into my apartment complex out onto a major road and was "t-boned" by the other vehicle.  My car was considered a "total loss" and my insurance is settling with me for my car.  According to the other party and my company, my insurance company denied his claim because, and this is what my company said to me, "they found I was not totally at fault".  The other party has threatened to sue me and my father (we were both on the loan for my car), but we hadn't heard anything about a lawsuit all these months since January 2008.  Yesterday, I got home and there was a message on my answering machine from a man stating he was at the front of my apartment building and he was trying to give me papers for "the arbitration hearing coming up for my accident back in January".  I have absolutely no clue what he is talking about or who this man was.  I have not been told by anyone that I am being sued, or that a hearing is coming up, etc...  What is he talking about?  And, even though I had full insurance coverage at the time of the accident, will I have to pay this other party because my insurance denied his claim?  I had insurance!  Please help!  I am nervous and scared!

Answer
You need to accept any papers being served and forward them to your insurance company.  They have a legal duty to defend you.  If they fail to do so or denied the claim improperly, then they are liable to you for bad faith insurance practices.  
Burying your head in the sand won't make this go away.

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webfoot

Expertise

Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.

Experience

20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background

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