Legal Question in Personal Injury in Illinois
Is my attorney not doing his job?
My spouse was involved in a horrible accident appx five years ago. The driver was at fault, and our atty settled with his insurer for about $85k of his $100k policy while reserving the right to make a UIM claim against our own insurer. Several years of treatment ensued, and finally it ended last winter. First, it took months to get our attorney to respond to us. Then, after getting all the records together they FINALLY sent a demand for $200,000 (this UIM Policy limit after the $100,000 policy of the original tortfeasor is deducted). The case is very valid with much documentation and valid treatment. Though the demand was sent 3 months ago, two months went by without a response. We kept emailing our atty's office and finally they replied stating that our ins. co. stated they ''lost the claim''. They re-sent it a month ago, and only last week did the adjuster say she was going to the office to pick up her mail(she works from home). We asked them to confirm receipt of the demand. Are we getting adequate service? They keep pushing dates out, too. First they anticipated it would settle b4 summer's end. Now, they are saying thanksgiving. Whats going on? I know the insurance companies drag out UIM's claims, but what gives?
1 Answer from Attorneys
Re: Is my attorney not doing his job?
"I know the insurance companies drag out UIM's claims"
You give your own answer.
There is no law that requires the insurance company to settle a claim within a set amount of time. Sure there is the insurance statutes that says the insurance company has to exercise good faith in settling the claims and should not delay settlement without a good cause... but complaining with the department of insurance will get you nowhere and the insurance company knows that... and what really is good faith?
While they are dragging their feet, they are making money out of the funds they have put into a reserve account for you... The insurance company has nothing to lose and everything to gain by dragging its feet.
Your only hope is to make sure you elect people to office who are consumer friendly and not insurance friendly.
I hope this helps,
Taradji Law Offices
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