if someone files a false hit and run (with injuries) claim with my insurance provider and my provider drops their claim "*casualty company hereby disclaims any and all liability or obligation to you and others under policy number" can that person still have you served with a court order? The vehicle listed isn't mine and the owners name on the police report isn't me. I don't know how they even got my name, if it was hit and run how do they know i was driving? Recently officer came to my home, asked my son if I was home and served him with unknown papers because he ripped them and tossed them out the window in the rain telling the cop he wont take them, i cant find any of it. now I don't even know what the papers are or if I'm going to miss a court date and get a warrant for no show.
Anyone can sue anyone for anything. Your insurance company's determination is irrelevant to legal proceedings and your son should probably be taught not to tear up legal papers.
Assuming you are in Cook County (and the accident occurred here) you can search cases by name at this link: http://www.cookcountyclerkofcourt.org/?section=CASEINFOPage&CASEINFOPage=2400
You will look under either Law or Civil Division and search by name (defendant) last first. You have to click the "search now" in the "search by name" box, otherwise it won't work. This should bring up a list of cases with a defendant that has your name. Yes, the website is no Google and a tiny error (or misspelling by the clerk) will defeat the search.
I assume you have already spoken to your insurance company, they usually have a duty to defend these cases. If they are refusing, hire a lawyer on your own.
Ronald David WiltonEmployment / Labor AttorneyEncino, CA ·
Yes you can be sued. And yes, you should deliver any suit papers you receive to your insurance company. SInce you may have lost the papers, contact your insurance company right away. Tell them what happened. The company can look up whether you have been sued and, if necessary, hire an attorney to take care of you. The insurance company can obtain copies of the paperwork from the other side or even from the court file, if a lawsuit was failed. Let them handle the defense with your assistance. Keep in mind an insurance adjuster's determination of liability has no affect one way or the other on any party. In fact, the decision is not even admissible in court to prove fault or lack of fault.
tephen Laurence HoffmanPersonal Injury LawyerChicago, IL ·
Of course, you can be sued no matter what the insurance company determines--that's legally irrelevant. The important thing is to get the lawsuit papers over to your carrier ASAP. They will defend you, hire lawyers to do this (at no charge), and basically let you relax and stop worrying. Many lawsuits are filed that do not succeed.
Your son made a mistake. The summons may have been lawfully served, and your insurance company needs to know about it. All you know now is that someone is trying to serve you, but you do not know what you are being served with, whether service was proper, or when, if, or how to respond. You will now have to go to some effort to answer the questions you have asked. The Cook County Circiit Court website electronicly lists new lawsuits being filed, you can look up new cases using your last name. You will want to check Civil, Law, and possibly Chancery case new filings. When you find out what if anything has happened, you can advise your insurance company and let them handle it.
Absolutely. Your insurance company's determination is not binding on other parties. If you are sued have your carrier notified as they still have the duty to defend and indemnify you.
Yes you certainly can get sued; insurance companies' denials aren't the last word. You don't really know that that was what the cop came to your house about, it appears. I'm not sure what window your son threw the papers out of in order that they are lost, if he was home. At any rate, you can either go on line to the circuit clerk's website and search for your name, or you can go to the courthouse and do the same. If it is a civil suit there won't be a warrant if you miss a date but you could lose by default if you don't answer the complaint. If it is a civil suit against you you must advise your insurance immediately so you will be covered so don't delay.
teven Adam SigmondPersonal Injury LawyerChicago, IL ·
Yes, of course you can still get sued.
Insurance companies do not get the last word on who is liable; if they did then they'd never have to pay anyone anything. They are entitled to their opinion, and so is the other party. When there is a disagreement over who is liable, a judge or jury can decide. Most of the lawsuits that I've filed over the past 30 years were cases where an insurance company thought they weren't liable same disagreed. That's what courts are for.
You've raised several other issues. Ripping up papers doesn't change the fact that you've been properly served, and the clause you've lists sounds more like a coverage denial than a determination of liability. The status of your case can be researched on line. You've got a lot going on there. Maybe you better see an attorney soon.
Andrew Stephen KryderPersonal Injury LawyerChicago, ILIL licensed ·
Good news and bad news. Bad news is they can sue you. Good news is that you have a solid defense if what you have written is true. Notify your insurance company of the suit and it will hire a lawyer to defend you.
Yes. Call your insurance company ASAP and provide them with all of the information and documents that they request and they will take it from there. Failure to advise your insurance company of the matter may cause you problems down the line.
