A woman has filed suit against the uninsured driver who she alleges struck her vehicle, resulting in personal injuries, and her insurance company, who she says refused to pay her under her uninsured motorist protection plan.


According to the suit Cherie Lucas filed on May 10 in Illinois’ Madison County District Court, she was driving with her daughter, Alexis Lucas, as a passenger when defendant Joseph Sands attempted to turn left from the same road and collided with her vehicle.


Lucas claims the accident caused her to suffer injuries to her back and her daughter to suffer injuries to her chest. She says both experienced pain and a loss of wages and incurred medical expenses.


The suit alleges negligence on the part of Sands for driving in an improper and careless manner, driving too fast, failure to maintain a proper lookout, and failure to yield the right-of-way.


Lucas says that at the time, she had automobile insurance coverage through Universal Casualty Company. She says her policy was supposed to include benefits of up to $20,000 if she was struck by an uninsured driver.


The suit claims that because Sands had no insurance, Lucas filed an uninsured motorist claim with Universal and demanded arbitration through the American Arbitration Association. She says Universal has refused to pay out the policy and/or participate in arbitration.


Lucas seeks damages in excess of $100,000 and a declaratory judgment to find Universal liable for the value of her uninsured motorist claim in her six-count suit.
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