If I was recently in a car accident and the driver filed a insurance claim but didn’t add me, what can I do at this point?

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If I was recently in a car accident and the driver filed a insurance claim but didn’t add me, what can I do at this point?

Asked on June 12, 2014 under Accident Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you were injured due to the fault of another (such as the driver) and he or she will not voluntarily compensate you or file a claim with his/her insurer on your behalf, you have the right to sue the driver; if you do, if he/she has insurance, the insurer should step into the case at that time; and even if the driver has no insurance, if you can prove that the driver's fault (e.g. careless driving) caused you injury, you could get a judgment against the driver directly.

However, it's only worth doing this if you have at least moderately significant out-of-pocket (not reimbursed by insurance) medical bills, or reasonably long-lasting injury or disability, or some other concrete loss. The law only provides compensation for actual injuries, bills, etc. directly caused by an accident, so if you were fortunate enough to escape without much injury or expenese, there's no point in legal action.


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