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Someone hit my daughter and totaled her car. I only had

Customer Question
Hi someone hit my...

Hi someone hit my daughter and totaled her car. I only had liability on the car and the lady did not have any insurance. I want to know can I sue her in small cliams court for the price of the car and for the doctor bills?

Lawyer's Assistant: Because laws vary from place to place, what state is this in? And can you tell me what's been officially filed?

Illinois Just the police report

Lawyer's Assistant: Has anything been filed? If so, what?

Nothing has been filed. It just happened on Tuesday.

Submitted: 4 months ago.Category: Legal
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Answered in 4 minutes by:
12/21/2017
Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,046
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

I want to know can I sue her in small cliams court for the price of the car and for the doctor bills?

.

Absolutely, if the person doesn't have any insurance, you can sue them civilly for your damages, if you are the owner of the car and for any doctor bills if daughter is a minor. If daughter is over 18, she would have to sue for her own doctor bills and damages.

.

Further, not having insurance is a crime so the person should also be prosecuted for failing to have insurance and as part of any prosecution, the DA will make restitution to you/daughter a part of any sentence. So you will want to get all your bills /receipts/estimates together and get in touch with the local DA and provide copies of them so that can be made part of any criminal sentence.

.

.

thanks

Barrister

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Category: Legal
Satisfied Customers: 41,046
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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