Do you need to sue after an accident in Illinois?

I was in a car accident and wasn't at fault. My car is damaged and I also have medical bills from the accident. Will I need to sue the other driver to get the damages covered?

Answer
“It’s never a requirement to pursue legal action after an accident in Illinois or any other state. In most cases, your car insurance or the other driver’s insurance will cover the damages done and expenses you may have.
If insurance won’t provide coverage for any of your damages or injuries, you could decide to pursue legal action. However, it’s your choice.
Since you weren’t at fault, the other driver’s bodily injury liability and property damage liability should cover your medical expenses and damage to your vehicle.
If they don’t have enough coverage on their policy to cover your injuries or damages, your own policy may be able to cover the remaining amount. If not, you could sue to recover any out of pocket costs in relation to your injuries or property damage.
To avoid being on the receiving end of a lawsuit, you may also want to hop on the free Jerry app to increase the coverage on your car insurance. Compared to what you might pay in a lawsuit, a slight increase in your premium is worth it.”
MORE: Illinois
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Emily Maracle
Answered on Jul 30, 2021
Emily Maracle is a car insurance specialist living in New York. Originally from the Pacific Northwest, she has a degree in English Literature and a background in customer service. She enjoys cooking, gardening, and living sustainably. In the future, she can't wait to upgrade to a hybrid or electric car.
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