What to do if I got rear-ended at a stoplight?

The gentleman who hit us was in a borrowed car with what we thought was valid insurance (it was in the accident report as being valid at that time). After 60 days the car owner’s insurance company sent us a form letter stating the car had no insurance and that the driver was not at fault. Yet, he was issued a citatation after the accident was investigated and a copy of the accident report was given to both parties. What are my options to reselove this matter – small claims or civil action?

Asked on October 11, 2013 under Accident Law, Illinois

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

The police report and the citation do not necessarily rule the day with respect to civil liability.  If you have any injury at all from the accident, such as whiplash requiring chiropractic care, you should seek out a personal injury attorney.  If not, you can sue the at-fault driver.  Whether you choose small claims court or a regular civil action will depend on the amount of damages to your car and the small claims jurisdictional limits in your county's court system.


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