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Illinois Insurance Defense Questions & Answers
0 Answers | Asked in Insurance Bad Faith and Insurance Defense for Illinois on
Q: Can I sue my insurance company for cutting me off from my life saving drug?

This is the second time they have done this without warning. My doctor has already went to a medical board and plead my case two years ago as to why I need it, and won. I need to take my injectable once a week and my insurance claims I should only take it twice a week due to FDA regulations but... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Traffic Tickets for Illinois on
Q: My 16yr old received a no insurance ticket in a vehicle that is not his. will he lose his license over this. Illinois

I presented my insurance card to the States Attorney office's and that is when i found out my insurance has lapsed. Now he is the one introuble. I have since then insured my vehicle thru a different company. What are we looking at

Theodore J. Harvatin
Theodore J. Harvatin answered on May 2, 2022

Go to court with him along with proof you have insurance now. They will give you court supervision (protecting the license), although they will require him to carry SR 22 for a period of time.

1 Answer | Asked in Car Accidents and Insurance Defense for Illinois on
Q: Dear lawyers, I hope this message finds you well. Recently, I had an accident, and a car hit me from behind.

The driver’s car insurance is American Family. Based on the State Police Trooper report as well as the American Family insurance company investigations, the driver behind me was at fault for the accident. Therefore, I was told by the American Family insurance company that they will fully cover... Read more »

Charles Candiano
Charles Candiano answered on Feb 2, 2022

By definition, whenever the cost of repair exceeds the fair market value of the vehicle, it is totally demolished. On your facts, your car is worth $1500 and would cost $12,000 to repair, accordingly, your car is totally demolished. You have choices.1.) You can accept $1500 and give the title to... Read more »

1 Answer | Asked in Insurance Bad Faith, Family Law and Insurance Defense for Illinois on
Q: My dad passed away he left his life Insurance policy to my older brother. But my brother is in drug rehab I need it pay
James G. Ahlberg
James G. Ahlberg answered on Jan 29, 2022

Your father had a contract with the life insurance company that requires them to pay the benefits of the policy to the person he named as the beneficiary. They won't make an independent determination of the wisdom of your father's choice. Furthermore, if they gave the proceeds to you,... Read more »

1 Answer | Asked in Insurance Defense for Illinois on
Q: Should I give my insurance a recorded statement?

My insurance is asking for a recorded statement. They already paid my claim + my car was fixed. They say they need the recorded statement to get my deductible back for me. I've already given a written statement. Should I give a recorded statement? I was always told not to do this in the past... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 22, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. Insurance policies generally require cooperation from policyholders in the event of an accident. This can mean making vehicles available for inspection, making oneself available for physician examinations,... Read more »

1 Answer | Asked in Car Accidents, Insurance Defense and Traffic Tickets for Illinois on
Q: I have a car with insurance but my brother drove my car with a revoked license. I was not aware. Will I be covered?

He drove my car while I was out of the country. Just waiting for my insurance to call back.

Charles Candiano
Charles Candiano answered on Jul 26, 2021

It depends on your carrier. Your insurance only covers "licensed drivers." Given that his license was revoked, your brother was NOT a licensed driver. Any carrier could use such an opportunity to legitimately deny a claim. That you were unaware is irrelevant unless he stole the car.... Read more »

2 Answers | Asked in Traffic Tickets, Car Accidents and Insurance Defense for Illinois on
Q: I'm uninsured and someone lets me drive their car also is uninsured, i got into totaled the car, i do i have to pay?

got into an accident and totaled the car*, is it required to pay them?

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 5, 2021

If you are at fault in the accident and do not have insurance, then the victim or other party's insurance company very well may make demand on you and/or sue you for the damages. Also, it may impact your driving privileges. Depending on your financial situation, you may want to consult a... Read more »

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1 Answer | Asked in Civil Litigation, Insurance Defense and Legal Malpractice for Illinois on
Q: Does a lawyer have any recourse against the filer of a false ARDC complaint? Or does Rule 775 grant him TOTAL immunity?

Ill. Sup. Ct. R. 775 “IMMUNITY” seems to offer total protection to anyone who files an ARDC complaint against a lawyer, even if the grievance is entirely untrue and filed simply to harass the lawyer. The ARDC thoroughly investigates every claim, and it seems unfair to force lawyers to spend the... Read more »

Robert Shipley
Robert Shipley answered on Sep 17, 2020

I have read both of your questions. Rule 775 does provide that immunity in the context of ARDC communications. It is not clear if the suit you describe is a malpractice claim against you, but if so I would suggest you review with your attorney. If not involving a malpractice claim, but arising from... Read more »

1 Answer | Asked in Civil Litigation, Insurance Defense and Legal Malpractice for Illinois on
Q: Must a defense lawyer in Illinois inform his client that he may have insurance coverage for a lawsuit?

Does a defense lawyer practicing in Illinois have an ethical obligation to inform his client that the client may have insurance coverage for a lawsuit that would cover the client's legal fees? Even if this means that the case would have to be tendered to the insurance company and that lawyer... Read more »

Robert Shipley
Robert Shipley answered on Sep 15, 2020

Generally, any claim/case should be reviewed to determine if there is possible insurance coverage. If there is potential coverage then the claim/case should be forwarded to the parties insurance agent who will transmit to the insurance company. If there is coverage, then the insurance company... Read more »

1 Answer | Asked in Bankruptcy and Insurance Defense for Illinois on
Q: I am currently in bankruptcy, Chap 13, and my car was included in the bankruptcy, but now I have paid them off but they

still have the title until I completely pay the bankruptcy off, but I have been recently in a minor accident and the insurance company wont pay me unless I have a lienholder release form. Will I be able to get that since the car is paid off eventhough the bankruptcy isnt?

Timothy Denison
Timothy Denison answered on May 15, 2020

You should be able to, yes. Consult the trustee on your case and tell him what has happened.

3 Answers | Asked in Personal Injury and Insurance Defense for Illinois on
Q: When do I send out my demand letter?

I’ve spoken with the other party’s insurance adjuster haven’t signed anything or given a recorded statement. Just given him a few pieces of my medical records pertaining to this injury. I am still have ongoing medical treatment. I have no attorney I’m handling this insurance claim all by... Read more »

Steve McCann
Steve McCann answered on Mar 5, 2020

You generally send out demand letters once your treatment has been completed. That said, you are doing yourself an immense disservice by not having an attorney represent you, especially considering the severity of the injuries you described. You will never receive a fair offer unless you are... Read more »

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1 Answer | Asked in Consumer Law, Insurance Bad Faith, Insurance Defense and Real Estate Law for Illinois on
Q: what can I do if my mortgage company doesn’t pay my homeowners insurance?

I escrow my homeowners insurance and my mortgage company didn’t pay my homeowners insurance and now I have a leak in my kitchen. I tried resolving the issue with my mortgage company but they are not being responsive. What can I do? They still have not paid my homeowners insurance and have not... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 10, 2020

Gather all the paperwork involving your situation and take it to an attorney. It's likely the mortgage company can be persuaded to do the right thing, or sued if they don't.

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Illinois on
Q: What should I do in my case? How do I get my insurance to cover the damages to my car ?

My auto insurance has denied my claim for property damage and rescinded my policy due to misrepresentation and false warranties.

Charles Candiano
Charles Candiano answered on Nov 11, 2019

If you are correct about your misrepresentations, your insurance is probably within its rights to refuse payment and to cancel you.

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Illinois on
Q: Can my insurance company refuse to give me living expenses before they interrogate me ?

My home was burgularized while i am out of state and my insurer refuses to give me shelter or access to the. Reports to get a contractor to look at the damages. I am asked to complete and sign a pre printed inaccurate sworn affidavit ,send utility bills& travel itenerary. I am still out of town... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 17, 2019

It looks like something in the investigation of your claim triggered suspicion on the part of your insurance carrier. It would be difficult for an attorney to make a meaningful assessment without investigating the loss and the carrier's handling of the claim in detail. It could be worthwhile... Read more »

Q: Life insurance claim denied. Cannot appeal due to time and not knowing since my old job was taking care of it.

Life insurance threw job, got fired, claim denied. Talked to old employer about it they said they filed appeal. Talked to insurance , they say old employer didn't file. I got letter from old employer stating that I was denied life insurance due to my husband being on hospice and a check that I... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 29, 2019

I'm sorry for the loss of your husband and this difficult ordeal. There is no simple answer here. As a starting point, you can gather records of all correspondence, including matters concerning the insurance denial, employer's appeal, original application, and everything else you have and... Read more »

2 Answers | Asked in Traffic Tickets and Insurance Defense for Illinois on
Q: i got pulled over today and the officer took my license and said that he would bring my license to my house.

I am just wondering if i got a ticket or not. he didnt say and told me to drive away without my license. did i get a ticket?

Brandon K. Davis
Brandon K. Davis answered on Sep 17, 2019

When an officer issues a ticket he or she will provide with a physical ticket advising you of the offense, etc. It does not sound like you were given a ticket. I’m guessing it has to do with your age? Maybe the officer wants to bring your license to your home to speak with your parents. It may be... Read more »

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1 Answer | Asked in Criminal Law, Traffic Tickets and Insurance Defense for Illinois on
Q: Got a ticket for not having insurance, court date May 15. I junked my car and don’t have insurance on it anymore.

What do I say or do? To not get fined for that ticket

Juan Ooink
Juan Ooink answered on May 9, 2018

If you had insurance on the date and time you were ticketed, you need to appear in court and show that proof of insurance. If you did not have insurance on the date and time you were ticketed, you need to show proof that the car was junked and that you have insurance now on another vehicle. If this... Read more »

2 Answers | Asked in Traffic Tickets and Insurance Defense for Illinois on
Q: Received 3 tickets as a minor, got license suspended for 1 year. I am now a adult. Do those tickets erase from record?

Wanting to know if applying for insurance whether they can access my tickets as a minor or they are erased.

Theodore J. Harvatin
Theodore J. Harvatin answered on Jan 10, 2018

That will depend upon your driving record down the road. But they do not automatically disappear just because you turn 21.

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2 Answers | Asked in Insurance Defense and Traffic Tickets for Illinois on
Q: am 19 about to turn 20 in January10 and I have court on the 24 and one ticket is for going 73on45 and 2nd no insure op

And I don’t know what todo it’s my first time going to court and the car I was driving wasn’t mine it was my sisters car , but I told the officer that I was going fast cause I had low fuel on the car and I don’t know what to do

Juan Ooink
Juan Ooink answered on Dec 30, 2017

You are charged with a Class B Misdemeanor, so you need to hire an attorney to assist you. Class B Misdemeanors are punishable by up to 6 months in jail. You need to hire an attorney now.

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1 Answer | Asked in Insurance Defense and Traffic Tickets for Illinois on
Q: I got a ticket for not having a proof of insurance in my car in Chicago. I had one but just forgot to bring it.

Can I eliminate the fine and remove the record? Do I need to wait for the three months until the court date?

Brandon K. Davis
Brandon K. Davis answered on Dec 25, 2017

The ticket will be dismissed if you provide proof of insurance on your court date covering the vehicle at the time you were stopped. You will not owe fines or court costs.

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