Legal Question in Personal Injury in Illinois
I am the claimant in a person injury case and I received a letter from my attorney stating they reviewed my file ( which i thought was already accepted as a case) and have decided they would no pursue a claim for personal injuries occured on june 5, 2009 and will do no further work on my claim.
They enclosed a letter from Claims Direct Access indicating that they have denied coverage.
the letter stated, The policy issued required that the clai be made against them and reported to CDA during the policy period and this didnot occur.
My question is what is the policy period and shouldn't the attorney have know or have found out what this period is.
I've provided the attorney office records from all doctors, emergency rm, scans, test and physical therapy; was there any thing that could have been done on my or their part to prevent this period to expire?
Can i ask my attorney to provide me with all the records collected over this period in the event i need to consult another attorney
2 Answers from Attorneys
I have no idea who Claims Direct Access is in relation to you or the other driver nor what kind of personal injury case you have and therefore cannot answer the first and second question. However, yes, you can ask for your file materials and then have an attorney review the CDA letter. At that point, the reviewing attorney may be able to answer the first two questions.
Assuming that the insurance company is your own, your policy is a contract which has provisions that you are supposed to comply with when seeking to file a claim. However, just because you did not timely or possibly properly notify them does not mean that they can outright deny coverage. You might be able to have the matter reviewed again by them, at your own request, or through a new attorney. Just do not forget that personal injury claims and/or claims against your own insurer also have statute of limitations periods and each may differ too.
So I do recommend you consult with a qualified attorney in your area about this matter. Also, as stated, you have a right to a complete file returned to you from an attorney who is no longer handling your case. Just ask for it in wirting and ask for him to allow you to pick it up if possible. I would hate for it to get lost in the mail or something. Best of luck to you. Attorney Alexandra
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