Chicago, IL asked in Personal Injury for Illinois

Q: I got injured but I feel like my insurance company low balled me. What are my rights?

Related Topics:
3 Lawyer Answers
Jonathan Rosenfeld
PREMIUM
Jonathan Rosenfeld
Answered
  • Chicago, IL
  • Licensed in Illinois

A: I'm not certain what type of context you were injured in? Is this involving a personal injury? If you are pursuing a claim with your insurance company, I am going to assume that you may have been injured by an uninsured motorist?

While frustrating, the insurance claims handling process is somewhat adversarial -- if it is someone else's insurance company or yours. Thankfully, just because an insurance company has made an offer on a case does not mean that you are obligated to accept their offer.

If the case involved another person's insurance company, you can file a lawsuit to recover what you deem to be a fair value for your injuries. These cases are usually determined by a judge or jury.

If the case is an uninsured motorist claim, the cases are resolved differently as they are usually resolved before an arbitrator or panel of arbitrators. The method for resolving the case will be set by your insurance policy.

Certainly, if you believe your case has more value that what is being offered by an insurance company, then you should speak to a lawyer who has experience with accident-injury cases.

Good luck to you.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
Answered
  • Chicago, IL
  • Licensed in Illinois

A: If you signed a release, you have waived any further claim. If you haven't sign off on the offer and accepted and negotiated the settlement draft, you can simply reject the offer. Assuming you're handling this on your own, I would be sure that you have collected all of your medical records, bill and your wage loss verification. If you already presented all of that and are still dissatisfied with the offer to resolve this, then I think that you should contact a lawyer who handles personal injury cases and proceed accordingly.

Peter N. Munsing
Peter N. Munsing
Answered

A: Contact a member of the Illinois Assn for Justice--they give free consultations.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.