If a car owned by my parents but was driven by me was hit by a bus, who files in small claims court? 2 Answers as of December 13, 2016

I was involved in an accident last week where I was hit by a bus. I was the last car through to make it through an intersection. The back end of my vehicle was just barely touching the crosswalk, so I was not in the intersection. A bus coming from the way I was headed was trying to turn left on the street behind me (that I had just crossed). He made a really sharp turn and hit the side of my car. They are only offered 1/2 of damages, so we are thinking about going to small claims court. How does this work, though? The car was owned by my parents, but driven by me (I am on their insurance policy). Do they have to file? It doesn't seem to make sense to me, since I am the one with the most info regarding the accident.

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Candiano Law Office
Candiano Law Office | Charles J. Candiano
1. You are an insured so you can file a claim. 2. The bus is at fault. If the traffic suddenly stopped after you cleared the intersection, you had nowhere to go. The bus could easily have waited for the intersection to clear before executing his left turn. No accident.
Answer Applies to: Illinois
Replied: 12/13/2016
Law Offices of Henry Repay
Law Offices of Henry Repay | Henry Repay
Your parents are the ones who have suffered damages to their car. They would be the proper party, but that does not preclude you from being a primary witness. Have your worked through their own insurance carrier? Are there any cameras in or near the intersection that may allow video to be pulled by one party or the other? Did any witnesses step up? While it should not be the case, /per se/, I would be concerned that the bus driver will be given more credibility than a young driver. That is just being realistic as to the risks you take going to court. If your parents can get the offer increased, it should be given careful consideration since lawsuits are a lesson in uncertainty.
Answer Applies to: Illinois
Replied: 12/12/2016
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