Chicago, IL asked in Car Accidents for Illinois

Q: What does it mean when the insurance company response to a demand letter is We prefer you to file a lawsuit?

I was in a car accident with a uninsured motorist. My car insurance company response to my lawyer demand letter is they prefer them to file a lawsuit, to protect their best interest. Why? and What does it mean?

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3 Lawyer Answers
Steve McCann
Steve McCann
Answered
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: All questions should be directed to your attorney, as your current attorney is in the best position to answer given they have all of the details about your situation. If you are not satisfied with your attorney's answer or responsiveness, consider hiring new counsel.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: In certain circumstances it can be bad faith. What it mayh mean is they want the right to subpoena your health records, or they are just being jerks, or they don't want to pay so it's a good way to delay--or all of these.

Robert D. Kreisman
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Robert D. Kreisman
Answered
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: That's an odd answer in that in almost all insurance policies with uninsured motorist or underinsured motorist coverage there is an arbitration clause that would require arbitration not a civil lawsuit against your own insurer. I would urge you to check back with your lawyer to gain a greater understanding or revisit your insurance policy and see what it says concerning uninsured motorist claims.

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