Bad Faith Failure in Car Accident Claims in Illinois

 Posted on March 27, 2024 in Personal Injury

If you are injured in a car accident caused by another driver, the last thing you want to deal with is the at-fault party’s insurance company, especially if you have serious injuries. Many insurance adjusters go out of their way to minimize, delay, or outright deny a claim to protect the company’s profit margin, even if all the evidence shows the other driver was at fault. This is referred to as a “bad faith failure to settle.”

This failure to settle typically occurs when the insurance company prioritizes its own interests over the policyholder’s. The following are some ways an insurance company may drag its feet to resolve a case. This is one more reason why having an Illinois personal injury lawyer advocating for you if you have been injured in a crash is crucial. Consider contacting the legal professionals at Kinnally Flaherty Krentz Loran Hodge & Masur P.C., many of whom have been designated Super Lawyers or Elite Lawyers, signifying they are among the top five percent of lawyers in Illinois.

Failure to Investigate

When an insurance company engages in bad faith behaviors, it may fail to thoroughly investigate the claim or ignore evidence that supports settlement within the policy limits. This could include failing to interview witnesses, review medical records, or assess the extent of damages suffered by the claimant.

Delay Tactics

The insurance company may engage in delay tactics, such as requesting unnecessary documentation or repeatedly requesting additional time to review the claim to avoid settlement within the policy limits. These tactics can prolong the claims process and increase the risk of the insured being personally liable for damages exceeding their coverage limits.

Ignoring or Unreasonable Rejection of Settlement Opportunities

The insurance company may disregard opportunities to settle the claim within the policy limits. It may also unreasonably reject settlement offers made by the claimant, even when it is clear that doing so would be in the insured’s best interest.

This could occur if the insurer believes it can settle the claim for less than the policy limits or obtain a more favorable outcome by taking the case to trial. They may also refuse to pay the claim if they try to avoid setting a precedent for future claims.

Failure to Communicate

It is not uncommon for the policyholder (at-fault driver) to be unaware of the insurance company’s engaging in bad faith failure. The company may fail to communicate with the insured about settlement negotiations or withhold information about the potential risks of proceeding to trial. This lack of transparency can leave the policyholder unaware of the possible consequences of the insurer’s actions.

Contact a Kane County, IL Car Accident Lawyer for a Free Consultation

If you have been injured in a crash, do not try to deal with the insurance company alone. Let one of our skilled Aurora, IL car accident attorneys fight to ensure you get the financial compensation you deserve, allowing you to focus on your recovery. Call Kinnally Flaherty Krentz Loran Hodge & Masur P.C. at 630-907-0909 to schedule a free case evaluation and find out what your legal options may be.