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Illinois Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith and Medical Malpractice for Illinois on
Q: Can dr be liable for a bad surgery

Had shoulder surgery and still having problems from it and I have a long painful scar and nerve damage now can the hospital be liable for my problems after surgery,loss of grip nerve pains from my shoulder to my hand

Robert D. Kreisman
Robert D. Kreisman answered on Oct 23, 2020

Much depends when, where, and most importantly whether your nerve damage was caused by a deviation from the standard of care during this surgery. It's impossible to know the answer to the last point without a thorough review of your hospital records, your operative report, and post-operative care.

1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: Can driving without insurance in Illinois lead to jail time if it was a first offense and there was no accident?

My wife was given a speeding ticket and at the same time cited for not having insurance. This was the only offense of driving without insurance, and she didn't get into an accident. Everything I've read said that this is not punishable by jail time, but when she was pulled over the... Read more »

Robert Shipley
Robert Shipley answered on Sep 6, 2020

Driving without insurance will result in a fine and suspension of the drivers license. If the vehicle was insured but the insurance card was not in the vehicle or able to be accessed through an App, then being proof of insurance to Court and the ticket should be dismissed.

1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: My neighbor had a huge rubbish fire that melted the siding on my shed. Are they responsible for the damage?

They said they didn't light the fire. The location of the large fire pile is only 15 feet from my shed. Will county is supposed to be 50 feet from neighboring structures

Robert Shipley
Robert Shipley answered on Jul 6, 2020

If your neighbor was responsible for the fire you describe and it ultimately caused damage to your property then the neighbor would be responsible for paying the cost of the damage to your shed. If the neighbor did not actually start the fire, but was aware that there was a fire, then they would... Read more »

1 Answer | Asked in Estate Planning, Health Care Law, Insurance Bad Faith and Stockbroker Fraud for Illinois on
Q: What does Tod subject to STA Tod rules mean
Tim Akpinar
Tim Akpinar answered on Feb 17, 2020

Generally speaking, TOD means "Transfer on Death," and STA means "Securities Transfer Association." Your question remains open for four weeks; for a meaningful explanation of these terms, you should consider consulting with an attorney knowledgeable in probate/estate law, more... Read more »

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.

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 »

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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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 »

1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: The person who caused my accident's car insurance won't cover any costs for pain and suffering. Is this legal if I

suffered severe injuries?

Tim Akpinar
Tim Akpinar answered on Oct 15, 2018

It isn’t uncommon for carriers in such cases to defend their position rather than to concede and pay the damages you seek. Consult with an Illinois personal injury attorney who could examine the facts of your accident, your injuries, and the no-pay position, and advise you of your options, which... Read more »

1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: I am a beneficiary on my friends life insurance. they need her medical records how do I get those released? she was not

the policy is under 2 years old so medical request was sent by insurance company but osf would not release them

T. J. Jesky
T. J. Jesky answered on Sep 9, 2018

Something does not make sense to me. If you a new beneficiary, why does the Insurance Company need your friend's medical records. You would think that they would want your information.

That being said, a only the patient, or his/her legal representative, may inspect and/or obtain a...
Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Illinois on
Q: Do I have a choice of which body shop to get my car repaired if the other driver was at-fault?

I was rear-ended and the other person's insurance accepted full liability. However, the amount they will only pay for body shops in their network or send a check for the cost of their estimate, which is about $400 less than what my body shop estimates for the repairs. Their estimate is based... Read more »

T. J. Jesky
T. J. Jesky answered on Sep 8, 2018

Based on your own discussion, it sounds if you do have choice. They will send you a check that does not cover the entire cost based on your choice of body shop. Let me recommend that you use one of the shops in their network, so you will have nothing out-of-pocket. I believe you know that this... Read more »

1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: I was double parked without my hazards on and go rear ended

-- the other person's insurance company still has to pay for my repairs, right?

Christian K. Lassen
Christian K. Lassen answered on Apr 2, 2018

If they don't, small claims court or your own insurance are options

1 Answer | Asked in Estate Planning, Family Law, Insurance Bad Faith and Probate for Illinois on
Q: My sister got my dads lifeinsurance and told me she would gave me 4300 but has stopped all commuincation without sending

I have messages and witnesses that will say she was going to give me almost 4,400 and now has stopped talking to me and has not sent any money to me. I live in chicago il she lives in evansville in. Is there any way to recover the money she promised me

James G. Ahlberg
James G. Ahlberg answered on Mar 5, 2018

Probably not, unless (a)you were named as a beneficiary of the policy, or (b)she agreed to give it to you in exchange for something from you. Since you didn't mention these, it seems they don't apply.

Instead, it sounds like your sister promised to make you a $4,300 gift but...
Read more »

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Illinois on
Q: About a claim through State Farm that a company did for me on my house and got 30% of the adjusted money.

Pioneer Adjusting Firm (didn't no there contractors too) did a claim on damages to my house (expected inside from old leaky roof). I told the guy who came out here and got me signed up for the adjustment, that I was only looking to collect the money for the damages done to the house,... Read more »

Steve McCann
Steve McCann answered on Feb 14, 2018

Based on the facts provided, it seems that you contracted with Pioneer Adjusting Firm to perform what is called public adjusting services. There are strict rules and regulations that govern the manner in which public adjusters can do business in Illinois, and it sounds as though there may have... Read more »

1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: Was in an accident a month ago - what's the standard time the insurance agency should get back to me?
Steve McCann
Steve McCann answered on Feb 2, 2018

It depends on whether or not you are referring to your insurance company, or another driver's insurance company. If you are referring to the latter, there is no standard time to get back to you, as they owe you very little duty. In addition, either insurance company is likely going to take... Read more »

1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: Why do insurance adjusters say that they can resolve my case without involving an attorney?
Steve McCann
Steve McCann answered on Jan 12, 2018

Insurance adjusters technically can settle your case without involving an attorney. In fact, that is what they prefer because they would prefer to take advantage of non-represented parties. That being the case, I would highly recommend consulting with an attorney prior to accepting any form of... Read more »

2 Answers | Asked in Insurance Bad Faith for Illinois on
Q: How can I prove insurance bad faith was a factor in my past claim denials?
Steve McCann
Steve McCann answered on Dec 8, 2017

The answer to your question is extremely technical and fact specific. That being the case, I would highly recommend organizing everything you have in your possession related to this situation, including denial letters and insurance policies, and consulting with an attorney individually. A... Read more »

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1 Answer | Asked in Insurance Bad Faith, Consumer Law and Criminal Law for Illinois on
Q: what are my legal options when an employee of my public adjuster stole the insurance check from my mailbox

When I finally chased down where my check was I was informed that this now former employee had it and that he had quit a week and half ago. The company took no action of informing me and tried to tell me that sometimes checks are sent to their office, which is a violation of the law and I double... Read more »

Steve McCann
Steve McCann answered on Sep 26, 2017

Has the employee cashed the check? If so, this is a matter to take up with the police, as that would be a felony. If he has not cashed the check, then I would recommend organizing all information relevant to this situation, and consulting with an attorney individually. The public adjuster and/or... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Illinois on
Q: I need help with an accident claim.

My truck was rear ended by a motorcycle a few days ago, he was found at fault and cited. He was the owner of the bike but his girlfriend (passenger on bike) was the insurance policy holder. The only injury was to him and his passenger (road rash) According to the insurance company, they want me to... Read more »

Steve McCann
Steve McCann answered on Sep 25, 2017

Based on the limited facts provided, they are attempting to take advantage of you, as you should not have to pay for vehicle damage if you were not at fault of the accident. I would highly recommend consulting with an attorney individually immediately. Do not make another statement to an insurer... Read more »

1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: The insurance company is taking forever to pay out a settlement they said I'm owed. How long can they sit on my money

before I'm allowed to take them to court and get a judge to force them to send it to me?

Steve McCann
Steve McCann answered on Sep 12, 2017

It depends on the terms of the settlement agreement. Assuming you had an attorney when negotiating the settlement, I would recommend consulting with him or her in regards to a deadline for payment. If you did not have an attorney, now may be the time to hire one.

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