Kelly Holleran Aug. 12, 2013, 8:18am

A woman has filed suit against her insurance company, claiming it would not pay her after she was involved in a collision.

Ninette R. Miller claims she had received $19,000 from Affirmative Insurance Company, but required additional money to treat injuries she had sustained in a collision on Jan. 13, 2011. At the time of the accident, Miller had a policy through defendant State Farm Mutual Automobile Insurance Company that was supposed to cover up to $100,000 in claims, according to the complaint filed July 30 in Madison County Circuit Court.

Miller told State Farm she would be filing a personal injury claim with it, but the insurance company notified her that they would not be paying her claim, the suit states.

“Defendant has failed to perform under the policy in that it has refused to consider the underinsured motorist’s claim as presented by plaintiff,” the complaint says.

The accident had occurred at the intersection of 19th Street and Niedringhaus Avenue in Granite City when Breanna K. Reno struck Miller’s vehicle, Miller claims.

At the time, Reno had liability insurance through Affirmative, but the limitation on that insurance policy was $20,000, according to the complaint. Miller’s injuries, however, cost her more than the $20,000 limit, the suit states. Miller was hoping to obtain the remaining funds from State Farm.

In her complaint, Miller is seeking a judgment of $80,000, plus costs. She is also seeking 60 percent of the amount the jury finds she is entitled to recover, plus $60,000 and attorney’s fees.

John L. Bitzer of Bitzer Law Firm in Collinsville will be representing her.

Bitzer represented Miller in a suit she filed last November against the driver she blamed for a car accident related to the current litigation.

Madison County Circuit Court case number: 13-L-1276.

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