Can I sue if I was rear ended and the driver refuses to talk to his insurance, so they won't pay my claim? 4 Answers as of September 23, 2016

The driver who hit me left before police arrived to fill out the report. He hasn't responded to the police calls or his insurance and his insurance won't pay my claim until they talk to him and get his statement. Can I take him to court?

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Candiano Law Office
Candiano Law Office | Charles J. Candiano
Of course you can. But that may not be a smart thing to do. If liability is clearly established and there are no injuries, simply process the claim through your own insurance carrier. The Defendant will eventually have to communicate with his insurance company and the insurance company will eventually pay the claim. At that time your insurance carrier will remove the accident from your history and refund your deductible. If you or your passengers were injured, you simply need to hire a personal injury attorney ASAP.
Answer Applies to: Illinois
Replied: 9/23/2016
Barry Rabovsky & Associates
Barry Rabovsky & Associates | Barry Rabovsky
Were you injured in the accident and did you seek medical attention? Thank you for your email.
Answer Applies to: Illinois
Replied: 9/22/2016
Law Offices of Henry Repay
Law Offices of Henry Repay | Henry Repay
You would be best advised to consult with an attorney before your claim is compromised. The insured's non-cooperation can lead to issues that you would prefer to head off. The importance of representation is particularly true if you are concerned with a personal injury claim and not just a property damage claim. If it is an insignificant matter, then putting everything through your own insurance would be the best course.
Answer Applies to: Illinois
Replied: 9/22/2016
Meyer & Kiss, LLC
Meyer & Kiss, LLC | Louis J. Meyer
You can file suit, but if he does not cooperate with his insurance, they can choose to to pay on his behalf and you will have to seek recovery from him individually.
Answer Applies to: Illinois
Replied: 9/22/2016
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