In Illinois the other driver's insurance company will investigate the claim and will offer a settlement if they determine their insured is legally responsible for your injuries or damages. If their insured will not cooperate with them then they may be unable to determine that he or she is legally liable for the accident.

If the other driver's insurance company denies your claim or you disagree with their offer, there is no appraisal requirement. Your only recourse is to:

• make a claim under your own policy if you have the appropriate coverages;
• file suit against the at-fault driver in small claims court, if your damages fall within the county's limits for small claims suits;
• or seek other appropriate legal counsel.

Only a judge or jury can ultimately decide who was at fault in an accident or how much another person owes you for your damages according to the Illinois Division of Insurance (DOI).

The IL DOI should be able to tell you if the other party's insurance can deny the claim (according to state law) if the at fault party will not report the accident or cooperate with them and also should be able to give you more consumer help on what your rights are in this situation.