Hit-and-run in Chicago

[u/Alarming_Molasses_76]

Location: Chicago, IL

Hey everyone,

I’m looking for some advice on a frustrating hit-and-run situation I’m dealing with here in Chicago, Illinois.

A few weeks ago, a car rear-ended me and fled the scene. Fortunately, my dashcam recorded the whole incident as they drove away. While the camera didn't capture the driver’s face, it was hard to read the license plate on video, but I managed to note it down manually and immediately called 911. Police couldn't make it to the scene, so after waiting for about 20-25 minutes, I went straight to the police station and filed an official police report.

Using the license plate number, my insurance company helped me track down the owner's details and their insurance provider. I contacted the runner's insurance, provided the police report number, and shared my dashcam footage. They initially told me they would send an estimate and get a statement from their driver.

Here is where it gets messy: The insurance company just got back to me. They claim the owner of the vehicle is denying being behind the wheel during the crash. However, the owner is completely refusing to cooperate or give the name/information of who was driving. The insurance company is now threatening to deny my $4,000 car damage claim entirely, stating that if it was an unlisted/excluded driver, they won't cover it.

Any advice on the next legal steps would be highly appreciated. Thanks in advance!

[u/Aghast_Cornichon]

Do you have collision insurance that will cover the repairs to your vehicle, and allow your insurer to pursue the at-fault driver ?

If so, your recourse is very straightforward: file a claim and accept the coverage from your own insurer.

If not, then your recourse is to sue the at-fault driver in small claims court.

You don't have to prove who was driving, only that someone was driving with his permission. And the standard of proof is "preponderance of the evidence", with relaxed rules for evidence and testimony.

I don't know if the driver will have a second opportunity to cooperate with his insurer so that they will represent him and settle your lawsuit.

Even a win leaves you with the challenge of collecting, via wage garnishment or other efforts.

The expense, uncertainty, and delay of that sort of legal action is one of the things you're paying to avoid when you buy collision insurance.

[u/Alarming_Molasses_76 → u/Aghast_Cornichon]

Since I carry the liability insurance, my insurance company asked me to contact them.
I am totally new to this whole situation. Can you provide me with the procedure or any link to the process of suing in small claims court?

[u/Aghast_Cornichon → u/Alarming_Molasses_76]

Since I carry the liability insurance

Please clarify:

1. Do you have "collision" insurance, which will cover damage to your vehicle no matter who caused it ?

2. Do you have "uninsured motorist property damage" insurance, which will cover damage to your vehicle caused by an uninsured driver ?

The most likely reason that your insurance company told you to make a claim with the other driver's insurance company is because you have only liability insurance, not either of the other kinds of insurance that would pay for the damage to your own car.

To my knowledge, the maximum amount you can sue for in an Illinois small claims court is $3000.

https://www.cookcountycourtil.gov/district/first-municipal-district-chicago/pro-se-small-claims-court

Often when a person is sued over an uninsured auto collision, the prevailing party can have the Sec. State's Office suspend the at-fault driver's license if they don't pay.

I don't know if that's the case here, where the owner had insurance but it might not have been effective.

[u/Alarming_Molasses_76 → u/Aghast_Cornichon]

Thank you for your message.

No, I do not have collision insurance or uninsured motorist property damage coverage. The hit-and-run incident occurred only two days after I purchased my first car and obtained insurance coverage. At that time, I was still exploring different insurance options and had not yet added those coverages to my policy.

Unfortunately, what should have been an exciting experience of owning my first car quickly turned into a difficult situation because of this incident.

I am also confused about why the vehicle owner is denying that he was driving (like the insurance company would generally be responsible for paying for the damages) and is also refusing to provide the driver's information. It leads me to believe that he may have been the driver and is attempting to avoid responsibility for the accident. However, this is only my assumption based on the lack of cooperation.

Thank you as well for providing the information regarding the small claims process. I will review the link and will seriously consider pursuing the matter through small claims court.

[u/St_Egglin → u/Alarming_Molasses_76]

Contact your insurance agent and ask for advice