Plaintiff Prohibited from Recovering Personal Injury Damages Against Insurer Prior to Obtaining Judgment Against Insurer
In Khan v. Solano, Zipcar Inc. and Unique Insurance., Khan was driving a car owned by Zipcar Inc. when the car was rear-ended by a vehicle driven by Solano. Khan reported the accident to Zipcar, which temporarily suspended her account while the cause of the accident was investigated. Zipcar’s vehicle sustained damages in the amount of $1,865.86, and Zipcar submitted the claim to Unique, Solano’s automobile insurance carrier. At first, Zipcar stated in an email to Khan that Unique denied the claim because Khan had made an unsafe lane change causing the accident. Khan denied Unique’s statement that she changed lanes at the time of the accident. In a later email, Zipcar stated that Unique denied the claim because Solano’s car was rear-ended by another vehicle and pushed into Khan’s car. Zipcar informed Khan that because the car that started the chain reaction left the scene, it was unable to pursue the unidentified driver to recover its costs. Consequently, Zipcar billed Khan’s account $750 for the damage to its car, and it paid the remaining $1,115.86 to repair the car.
The court addressed the question of whether a plaintiff is prohibited from recovering personal injury damages against an insurer prior to obtaining a judgment against the insured. Khan alleges that Unique wrongfully denied her coverage when there was no question that Solano was liable for her injuries. The court stated that the Illinois Supreme Court in Richardson v. Economy Fire & Casualty Co., 109 Ill.2d 41, 47 (1985), has held that the public policy of the state prohibits an injured party from recovering personal injury damages against an insurance carrier on account of the negligence of its insured prior to obtaining a judgment against the insured. Here, because Khan has not obtained a judgment against Solano, Unique’s insured, she is prohibited from filing an action to recover personal injury damages against Unique.
The court held that a plaintiff is prohibited from recovering personal injury damages against an insurer prior to obtaining a judgment against the insured.
Khan v. Solano, Zipcar Inc. and Unique Insurance., 2013 WL 5494574 (Ill.App. 1 Dist.). (This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).).
