Lawyers, Answer Questions  & Get Points Log In
Illinois Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: Can I sue insurance company for denying additional surgery from 1st surgery in 1998 I’m 64 they refuse all doctors findi

I just looked at my medical records to find I have serious problem from back fusion 1998. Company knew and refuse to pay for surgery

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2023

An Illinois attorney could advise best, but your question remains open for two weeks. It's possible you could sue, but more information is needed. Before exploring the expense of litigating, ask the carrier if they would reconsider their position if you provided something in writing from your... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Illinois on
Q: I filed an appeal with my past insurance, and won. They won't send me a letter or email showing the records. allowed?

I filed an appeal with my past insurance, and won. They agree to remove the misrepresented/Fraud they marked on the claim as well as remove the claim so it would not effect me getting insurance with other company's. When I asked for a letter to show proof, or a email they said they can't... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 17, 2023

An Illinois attorney could advise best, but your question remains open for three weeks. There aren't details here on what the matter involved, and who handled the appeal. However, if you won an appeal, whether in court or through an arbitration tribunal, that would usually involve receiving a... Read more »

1 Answer | Asked in Insurance Bad Faith and Car Accidents for Illinois on
Q: My auto insurance denied my claim on a financed vehicle. How can they deny my claim if I had full coverage?

My insurance company denied my claim due to the EDR or black box in my car; it didn't show that any car hit my car. When it comes to the EDR system in the car, the only time it activates is when the airbags deploy. That being said, the vehicle that bumped me didn't hit me hard enough that... Read more »

Lindsey Seeskin
Lindsey Seeskin
answered on Dec 7, 2022

United Equitable's denial is technically legal, but that does not make it completely right. Unfortunately, United Equitable is one of several insurance companies in Illinois that come up with a myriad of reasons to deny coverage for their own policyholders. Those reasons are oftentimes very... Read more »

2 Answers | Asked in Insurance Bad Faith and Car Accidents for Illinois on
Q: I had full coverage insurance with United Equitable and they denied my claim on a financed vehicle. Is that legal?

I was driving to work when a car from the left lane swerved into my lane ended up bumping my front driver's side bumper and, making me swerve out of the way and having me lose control. My car hit the right side rail on the highway and then spun around, crashing into the median that separates... Read more »

Lindsey Seeskin
Lindsey Seeskin
answered on Dec 7, 2022

United Equitable's denial is technically legal, but that does not make it right. Unfortunately, United Equitable is one of several insurance companies in Illinois that come up with a myriad of reasons to deny coverage for their own policyholders. Those reasons are oftentimes very questionable... Read more »

View More Answers

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Illinois on
Q: If I have proof that my home insurance has violated our contractual agreement who would I need to speak to, to sue them.
Tim Akpinar
Tim Akpinar
answered on Oct 16, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. You could speak with attorneys who handle property & casualty insurance matters. You could also reach out to general civil litigation law firms and ask if homeowners insurance falls under their area of... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Illinois on
Q: A few months back I was driving a rental car and hit a deer. I now am going to court for driving without insurance?

I sold my car years ago and use rental cars for work so I don’t have my own personal insurance besides on my credit card. I had always thought that rental car companies legally had to have state minimum coverage on their vehicles. How do I fight this?

(Update #2): Providing a second... Read more »

Charles Candiano
Charles Candiano
answered on May 13, 2022

Please don't say that you thought car rental companies were obligated to provide insurance. They all DO provide insurance as a DEFAULT.

The application requires you to SPECIFICALLY DECLINE insurance coverage and additionally makes you sign or initial that choice. Additionally, rental...
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
PREMIUM
Theodore J. Harvatin PRO label
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 Bad Faith for Illinois on
Q: involved in accident a car slammed into me and pushed me into the car in front now her insurance wants me to pay ? why?

i was not insured at the time of accident

Charles Candiano
Charles Candiano
answered on Mar 18, 2022

On your facts, you are not liable. Rather, the car that struck you is liable for the property damage to your vehicle, any injuries that you or your passengers sustained, any property damage to the car that you were forced into and any personal injury that the driver or any of the passengers of the... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Insurance Bad Faith for Illinois on
Q: Do I have to pay them since they forgot?

I got a 3k check from my car insurance, repair shop was supposed to charge me it plus $500 deductible from my end. They only charged me $500 total and are just now asking for the check.

I live near Chicago, Illinois . Thanks lol

Ana M. McNamara
Ana M. McNamara
answered on Feb 3, 2022

Well, its your lucky day. The amount of check from the insurance was based upon an estimate of damage provided to them by their adjuster or an outside body shop. The fact that the body shop charged you less in the end should not change the amount of the check from the insurance. If the check is... 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 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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

View More Answers

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 »

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.