do i have to sue, or is there other remedy

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do i have to sue, or is there other remedy

my car was rear ended by hit and run driverhowever, we were later able to find this guy with help of police.He spins a completely false statement to his adjustor,so they are trying to deny fault/pay compensation…say it is his word/vs/our word…yet he HIT ME, and then he FLED before police there. Do I have to sue him or is there any other way to take this over the head of their initial adjuster?

Asked on January 9, 2017 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The good news is, you can sue. The bad news is, that is your only option: the other driver's insurer owes a duty to their insured, not to you: it is voluntary for them to offer you compensation or a settlement to you and they are free to not offer you anything--such as, for example, when their insured denies liability. In order to get compensation, you will have to sue the at fault driver and prove in court (e.g. through your testimony and that of other witnesses ; police reports; etc.) that the other driver was at fault, in which case you can get a judgement in your favor requiring payment.


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