Can an insurance company deny coverage for non-cooperation if their insured is identified in the police report? (Illinois)

I was in a situation where the at-fault driver’s insurance is denying coverage by claiming non-cooperation on the part of the insured. The at-fault driver is identified and made a statement admitting fault in the police report. I also contacted the at-fault on Facebook messenger and she told me she did contact her insurance at the time of the accident to make a statement. I told her to call her insurance to straighten it out and she hasn’t responded to me since. Im sure that Facebook messenger isn’t Legally binding, but do I have grounds to file a complaint based on the police report?

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  1. They will deny a claim because of non-cooperation. If their insured isn’t upholding their duty to cooperate, they have no duty to defend them. They aren’t necessarily placing you at fault, but they will not pay anything out if they deny. Their insured may have cooperated at first, but stopped after awhile. Unfortunately this stuff happens. Either file a claim with your insurance and have them go after the other driver, or you will have to pursue a case against the other driver yourself in small claims.

  2. Yes. They are bound by their policy contract to cooperate. If they don’t, claims are usually denied.

  3. Your only option here is to go to small claims court. Get estimates for fixing your car, as well documentation for the value of the car and file your claim. Document in your claim every contact you have had with her insurance and summarize what was said. If they have sent you anything via mail or email, include that, especially if there is anything saying they aren’t paying because she refuses to cooperate. Include your photos of the accident and the police report. Make sure to have her served properly. I’m sure she will start cooperating with her insurance really fast after you file. Stop putting it off and just file.

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