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Suspended driver at fault | no coverage | what to do?

by Tara Dean
(Galesburg, IL)

My car was determined to be totaled by the driver who hit me insurance co. The driver that hit me was driving suspended but was on the cars insurance policy. The co is now telling me that they will not pay to replace my car. I was wondering what laws I could look up to take to the insurance co to get them to pay for my car.


Hello Tara,

Unfortunately, if the other party does not have coverage, there is not much you can do make the insurance company pay you for your total loss. That insurance company (his) has no duty to you. They are only bound by the contract (the policy), and if that policy is not triggered or not in full force (because of non payment or other reasons), the insurance company can walk away from paying.

Contact a lawyer on your area to see how you can try to recover directly from the person that caused the damages. Also, see what coverage’s you have under your own policy. Maybe you carry uninsured/underinsured property damage coverage, which will make your own insurance company cover the total loss. If you carry collision, you can also have a good chance to be covered).

Good Luck

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