No, you do not have to sue the underinsured motorist’s insurance company but it might be good to give them notice of the suit against the driver.
What Do I Need To Do After An Accident With An Uninsured Driver?
As long as you obtain a genuine award against the underinsured motorist, you do not need to sue his or her carrier in order to collect the proceeds. However, you might have to give that carrier notice of the lawsuit as well as the opportunity to intervene to make their case.
What’s The Difference Between Filing An Insurance Claim And Filing A Lawsuit?
There is a world of difference between filing an insurance claim and filing a lawsuit. It will be important to grasp this distinction if you are involved in an accident with an uninsured or underinsured driver. The critical point is that insurance claims arise out of contract but lawsuits arise out of laws. The ability to bring them, the procedures by which you must bring them, and the recoveries they allow stem from these two different sources-law and contract. Therefore, before bringing a claim or suit, you should study the policy, case, or statute closely. It will dictate your success. To better understand your rights vis a vis court or insurance, speak with our attorneys. The Rosenfeld Injury Lawyers have a lot of experience helping victims recover under both especially against uninsured or underinsured drivers.
Worried About Who To Sue After A Car Accident?
Rosenfeld Injury Lawyers has helped many victims get the compensation they deserve through the legal system. We can work with you to identify which party to file a claim against after a car accident. Plus, we can assist you on contingency which means that you don’t have to pay unless you’re happy with the award. To hear about how else we can help you, call our offices today!
If you would like to learn more about uninsured motorist accidents in Illinois, please read the following pages: