Insurance can be an important, if not legally required, safety net for people facing unexpected emergencies. Ideally, an insurance company should pay you the value of a claim if it is covered by your policy. Unfortunately, many insurance companies do not play fair and deny claims for unreasonable or even illegal reasons. If you believe your insurance company has somehow deceived you, talk to a lawyer about filing a bad faith claim.
Bad faith claims take many forms. An insurance company might be liable for dealing in bad faith if they misrepresent the terms of your policy, cause unreasonable delays in resolving your claims, fail to investigate claims, and various other improper or unlawful practices. If this describes your situation, we should start gathering evidence immediately to build your case. Collect records of all your communications and messages with the insurance company and get a copy of your policy.
Call the Rhatigan Law Offices at (312) 578-8502 and ask our Illinois personal injury attorneys for a free review of your claims.
How to Tell if Your Insurance Company is Acting in Bad Faith in Illinois
Insurance companies are infamous for being difficult to work with. Their loyalty is usually to their bottom line first and customers second. Some insurance companies go so far as to engage in bad faith dealings to try and save money. Bad faith may include a whole host of improper claims practices, as described under 215 I.L.C.S. § 5/154.6, and you should speak to an attorney about your situation.
Misrepresentation
One example of bad faith dealings from an insurance company is misrepresentation. If an insurance company misrepresents the terms of a certain policy or provides misleading information to get someone to become a customer, they might be engaging in bad faith practices. Often, people do not find out they have been misled until they go to file a claim and are told their policy does not cover what they thought it covered. You might be misled to believe that your policy covers a broad spectrum of injuries, only to find out later that extremely specific factors must be present for your policy to cover anything.
Unreasonable Delays
When an insurance company receives a claim, they must respond and begin processing it as soon as possible. Exactly how much time an insurance company has to settle a claim may vary based on the nature of the claim. If an insurance company causes unnecessary or unreasonable delays, they might be dealing in bad faith. If you suspect as much, have our Aurora, IL personal injury lawyers look at your claim and policy to determine if the delay is indeed unreasonable.
Delaying a claim is a common strategy used by insurance companies to wait out customers. They often hope that claimants will tire of waiting and decide to cut their losses and move on, which means the insurance company never has to pay them. This is illegal and should be reported to your lawyer immediately.
Investigation Standards
Often, when a claim is very large or involves very complex facts, the insurance company may send its own investigators to gather more information. If an insurance company does not do its due diligence in investigating, this might be a sign of bad faith. Perhaps the insurance company does not want a thorough investigation because they are trying to stall or derail the claim. If you believe the investigation is lacking, talk to your lawyer about it.
How to Prove an Insurance Company Acted in Bad Faith in Illinois
Proving that an insurance company is dealing in bad faith requires a lot of evidence. Insurance companies often engage in bad faith practices in ways that are easy to cover up or excuse, making evidence of bad faith often hard to find.
Perhaps the most important piece of evidence in your case is your insurance policy. This is more than just a policy; it is a contract between you and the insurance company. The policy should contain all the terms and conditions that describe when and how the insurance company should cover you. In some cases, bad faith dealings are clear and obvious breaches of the policy.
Next, we must work on gathering all documentation related to your claim. This of course includes the policy but also any other documents pertaining to your specific claim. When you filed your claim, you might have filled out forms and submitted them to the insurance company. Always keep copies of any documentation you send to the insurance company, as it might be useful to prove bad faith.
We should also get copies of all communications between you and the insurance company. This may include letters sent and received in the mail, emails, records of phone calls, details of in-person meetings, and almost any other communications. This might be a lot to pull together, but doing so will help us create a clear and accurate picture of your claim and the bad faith dealings of the insurance company.
Damages You Can Recover in a Lawsuit for Bad Faith Insurance in Illinois
Damages in lawsuits for bad faith dealings by an insurance company are often largely based on the value of your insurance claim. For example, if you filed a claim worth $50,000 but the insurance company unlawfully denied it, your damages should include the value of the $50,000 claim. Depending on the situation, you may recover additional damages, too.
According to 215 I.L.C.S. § 5/155(1), you might be able to recover additional damages for attorney fees and possibly interest on your insurance claim. Depending on the actions of the insurance company, the court may allow you to claim legal fees, various other costs, and an amount of money not to exceed 60% of your other total damages, $60,000, or an excess amount related to a settlement the insurance company might have offered you previously.
Contact Our Illinois Personal Injury Attorney to Discuss Your Insurance Claim
Call the Rhatigan Law Offices at (312) 578-8502 and ask our Chicago, IL personal injury attorneys for a free review of your claims.
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