JustAnswer > Legal
Ask A Question|Register|Login|Help
JustAnswer

Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

9 Lawyers are Online Now
characters left:
Not a Legal Question?

Related Law Topics:

  • Arbitration
  • ,
  • Car
  • ,
  • Law
  • ,
  • May
  • ,
  • Man
  • ,
  • Pay
  • ,
  • Two
  • ,
  • Code
  • ,
  • Duty
  • ,
  • Kind
Bookmark and Share

Question

A man slid thru a stop sign and hit my 16 year old daughter who was driving my car. His insurance refused to pay for damages to my car, asserting my daughter bore responsibility by failing to avoid an accident. She was on a country road with the right-of-way, and she had no stop sign. I filed suit in small claims to recover for the damages to my car. His attorneys counter-sued my daughter. Two questions about the same small claims case. 1) Can a minor be named (without her parents being named) in a small claims suit in Illinois? 2) Where in the Illinois Compiled Statutes does the law specifically define the requirements for stopping at a stop sign?

Submitted: 25 days and 8 hours ago.
Category: Legal
Value: $18
Status: CLOSED
+
Read More

Optional Information

State/Country relating to Question: Illinois

Already Tried:
Searched online and visited with personnel at the small claims division in the court house.

Posted by Andrea 25 days and 8 hours ago.

Info Request

Thank you for your question and for choosing JustAnswer.

 

Please keep in mind that the Expert Attorneys at JustAnswer are here to help you, they do not write the laws; so, if the law does not provide the answer you were hoping for, please be courteous to the Expert Attorney helping you.

__________________________________________________________________________________________

 

Did you notify your insurance carrier?

 

And if so, did they provide an attorney as called for im the auto insurance policy

 

ANDREA, JD, LL.M., Taxation

Member, NY & PA Bar

 

 

25 days and 8 hours ago.

Reply

I carry only liability insurance on this vehicle. My insurance was notified, but they cannot get involved since i carry only liability. He filed a $2600 claim against my insurance for damages to his truck. That went to "Arbitration" between the insurance companies. The arbitration panel ruled that my daughter was not at fault and denied all of his claims for compensation.

Posted by Andrea 25 days and 7 hours ago.

Answer

ANSWER No. 1

 

In Illinois a minor may not be sued in Small Claims Court without naming a parent'

 

 

ANSWER No. 2

 

Duty to stop at a Stop Sign:

I have reprinted Illinois Vehicle Code Chapter 625, Section 11-204(b) below for your reference and information:

 

 

(625 ILCS 5/11-1204) (from Ch. 95 1/2, par. 11-1204)


Sec. 11-1204. Stop and yield signs.


(a) Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in Section 11-302 of this Act.
(b) Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle and every motorman of a streetcar approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersection roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.
(c) The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.
(Source: P.A. 76-1586.)

 

 

____________________________________________________________________________________________

 

 

________________________________________________________________________________________

 

Please press the GREEN "ACCEPT" button so that I may receive credit for my time and effort in assisting you.

 

 

Pressing the "ACCEPT" button will not close the window and you may ask follow up questions, if you like

 

 

 

 

Positive Feedback, Bonus, etc., is always appreciated

 

 

__________________________________________________________________________________________

 

 

ANDREA, JD, LL.M., Taxation

Member, NY & PA Bar

 

DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel

25 days and 7 hours ago.

Reply

Will you cite the specific statute that prohibits a minor being sued without naming the parent also?

Accepted Answer

I found the information about Small Claims Court on a website that had something called the "Illinois Small Claims Court Guide" , or "Guide to Suing in Illinois Small Claims Court" I don't remember the exact name, but it was published by the Court. I do not use information, unless it's from a Statute, Case law, or published by the Court itself.

 

________________________________________________________________________________

 

 

Please be kind enough to press the Green "ACCEPT" button so that I receive credit for my time and effort in assisting you.

 

That is the only way I get paid and it would be greatly appreciated.

 

___________________________________________________________________________________

 

ANDREA, JD, LL.M., Taxation

Member, NY & PA Bar

 

 



Edited by Andrea on 10/28/2009 at 12:56 PM

Picture
Expert: Andrea
Pos. Feedback: 98.9 %
Accepts: 
Answered: 10/28/2009

Attorney

25 yrs exp successfully representing clients in my real estate, family law and criminal defense

+
Read More

Related Legal Questions

  • how many times can someone get married legally?
  • i have recieved two bad checks from the same person ...
  • I bought a car on Ebay from party A out of N.C.!
  • aerwteqwrq
  • What is a witness signature as opposed to witnessing a signa...
  • I purchased a property which was sold at sherriff''s ...
  • I own part of the property and I deeded the other ...
  • This question pertains to my late wife''s credit



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.