In this article, you will discover:
A defendant’s insurance company is most likely to deny your claim for reasons of either coverage or liability.
For example, the insurance company might argue that they weren’t covering the defendant’s car at the time of the accident. They could also argue that the driver didn’t pay their premiums or that someone was driving the car who wasn’t supposed to be. Next, a claim could be denied for liability reasons, with the insurance company arguing that their driver was not at fault.
As soon as you are injured in an accident, contact a lawyer. Remember, your conversations with the insurance company can be recorded and used against you, and you don’t want to reach the point where the insurance company denies your claim.
To challenge a denied car accident claim, you must file a lawsuit against the at-fault driver. The lawsuit would litigate the question of whether the other driver was liable for the injury.
You have two years to file a lawsuit for a car accident in Illinois. However, if you’re hit by a CTA bus or any sort of transportation from a municipal entity, your statute limitation is usually one year. Your best strategy is to contact an attorney as soon after your accident as possible.
If you’re thinking of requesting an explanation for your claim denial, contact an attorney. Do not request explanations from or correspond with insurance companies on your own. Instead, hire an attorney to represent you.
To challenge an insurance claim denial, you will need photographs of the damage to your car; photographs of damage to the other car are also helpful. If possible, obtain a copy of the police report.
Where you obtain the report is based on which department investigated the accident – the Illinois State Police, Chicago Police or the police department for any municipality in the State of Illinois.
You should also obtain any relevant information from your insurance company and the other driver’s insurance company.
An experienced personal injury attorney is the only person who can file a compelling lawsuit on your behalf. To fight any sort of liability determination or liability denial, an attorney will file a claim against your own uninsured or underinsured motorist coverage in the event there is no coverage from the other driver.
Recently, I had a liability case where our client was in a crash with someone who drove a pickup truck with a trailer attached. It was a situation where it was difficult for the police to understand how the collision occurred.
After talking to witnesses and doing their investigation, the police determined our client was “Unit One.” Unit One is the person the police believe is the at-fault driver. However, this does not necessarily mean that they are at fault; rather, they are the person the police initially determined to be at fault.
We reviewed body cam and dash cam footage from the police and determined that there was reason to believe our client was not at fault. We then hired a crash reconstruction expert to review the video, police report, and images associated with the case. He created a report, and his findings were, in fact, that the other driver made an illegal turn that caused the crash.
Even though the insurance company initially denied liability in that case, they eventually ended up paying out their full policy limit.
For more information on Illinois insurance claim denial, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (312) 586-2820 today.