at fault rear end accident, my fault, in Illinois, car insurance paid their Medpay of 5K, and my health insurance is denying medical bills because I was committing an illegal act.

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at fault rear end accident, my fault, in Illinois, car insurance paid their Medpay of 5K, and my health insurance is denying medical bills because I was committing an illegal act.

They are saying that I was speeding. My police report states not in excess of speed. I was ticketed for failure to reduce speed. I live in Illinois – at fault state. Do I have a fighting chance of getting these bills paid?

Asked on March 25, 2019 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You write that you were ticketed for speeding. It is very difficult to beat a speeding ticket, because there is no permanent documentary evidence made of your speed (e.g. it's not as if the officer's radar or laser gun, for example, is linked to a videocamera and creates a video of your car with speed listed). Instead, it comes down to your word vs. the officer's word as to how fast you were going. As you can imagine, the courts almost always believe the sworn, trained, and "neutral" (no personal stake in the outcome) officer over the driver trying to avoid a ticket. That being the case, you are unlikely to have the speeding citation dismissed, so if speeding is the reason for the denial, you are unlikely to get that overturned.


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