QuestionQUESTION: Unfortunately I was involved in an auto accident last year and was found to be at fault. Four people were hurt and have made claims against my insurance policy. My policy states that all medical claims are to be paid within a year (which time has past by a few days). The driver of the other car (resident of Wisconsin) and his insurance company are suing me personally as the insurance company has previously sought and has not yet received by my insurance company, the monies the paid out. When the complaint and arbitration summons were served on me (Saturday), I contacted my insurance agent immediately. He instructed me to forward same to the insurance company. This was done a few days later by e-mail. I asked the insurance company to report to me in writing as to what action they were going to be taken on my behalf as soon as possible, as an appearance and answer are due in a few weeks. I have called them repeatedly and have not received a response. The time to answer and appear is drawing near. In order to protect myself, I am looking into hiring an attorney to file a counterclaim on my behalf, as I cannot wait for my insurance company to respond. Is this the right way to proceed? Thanks. I know a little sketchy, but if you need more information, let me know. I am a resident of Illinois.
ANSWER: Hi Ann,
You need to call your insurance company and ask for the name of the claims manager. Then call him/her to ask why you are not getting any response. If you are not satisfied with the answer you need to contact your state insurance commissioners office to file a formal complaint aginst the insurance company.
I hope this helps.
Richard Hixenbaugh
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QUESTION: Mr. Hixenbaugh, I have done so repeatedly and each time I was told that I would be receiving a response, and still have nothing. I have made a complaint with the Ill. Dept. of Ins. regarding their handling of the vehicle portion of the claim and they out and out lied in their response. Given this, I feel that filing a complaint at this point is a waste of time and effort, and it is my feeling that I would be better off getting an attorney on my own before I am held in default. I do not trust this insurance company, and their words mean nothing, and of course their non-action means everything. I need to protect myself and my family and I cannot wait on them. I would also like to know if I can collect on the PIP. I live in Illinois and had the basic 20/40/15 coverage. The majority of my medical bills were paid by my health insurance company. I also need neck surgery as the injury resulting directly from the accident did not heal correctly. I have not yet had this surgery. As further information for you, as stated previously, the accident was my fault and my insurance company accepted the fault. However, I was charged with aggravated DUI, a class 4 felony. Would this have any bearing on my recovery under my policy. Also, should the complaint and arbitration be settled to the victim's satisfaction, could I still be sued. Thanks for listening and your further input.
AnswerHi Ann,
The only way to determine if the charges against you will have an affect on your coverage would be to read the entire policy. Many insurance policies do exclude coverage if the damage or injuries result while in the commission of a crime. It would all depend on what your policy says and if the aggivated DUI is considered to be the type of crime that would be excluded.
Under the circumstances, you should absolutely find an attorney. If the other insurance company is suing you it may be because your insurance company has denied coverage on the basis I outlined above. You will need to provide a copy of your entire policy to the attorney for review.
I hope this helps
Richard Hixenbaugh
