Auto Insurance Claims: Car accident.., small claims court, juris doctor


Question
I was in a car accident ( Chicago,IL ) wasn't my fault, I had the right a way, well, when the police arrived, he asked the at fault driver for license and insurance and the 17 yr old driver had neither!!!  How do we go about having them reimburse me for the 500 deductible and the repairs to my car???  WHAT CAN I DO TO ENSURE MY MONEY IS REIMBURSED TO ME AND THAT HE DOESN'T GET AWAY WITH NOT PAYING????  HE'S 17 YRS OLD JOY RIDING IN AN UNINSURED VEHICLE, WITH NO DRIVERS LICENSE!  THINGS COULD HAVE BEEN WORSE, THERE COULD HAVE BEEN DRASTIC INJURIES, OR A BABY IN EITHER CAR!

Answer
Hi Edna,

There are four ways to go after the money.  You will use the state to be your collection agency.

#1 call the clerk of the court where the ticket for negligent driving was written to.  Ask how to write to the judge to have her make restitution a part of his sentence.

#2. call your own insurer and ask if they are going to file with the state financial responsibility department, or file a lawsuit, and can you participate in either of those.

#3. contact your state department of licensing.  ask for the financial responsibility section.  ask them how to go about filing an statement of loss.  File a statement of loss versus the driver.  They will then suspend his drivers license until he pays you (or posts the amount in a bank account, subject you your suing him in small claims court).  

Ask the same thing about filing a claim versus the owner of the car.  The state will suspend the license of the owner until he posts your damages amount or pays you off.

#4. file against both the owner and the driver in small claims court.

Hope that helps to get your money back,

Dr. Settlement, J.D. (Juris Doctor)
www.settlementcentral.com