Bad Faith Insurance Demands in Car Accident Cases

October 31, 2022


Brent Eames

Car accidents occur across Illinois on a daily basis. With about 6 million car accidents a year, it should come as no surprise that insurance companies have a game plan and know exactly what to do to attempt to obstruct and withhold fair payments from injured victims. When this happens, how can we fight back? Keep reading to learn more from top car accident lawyer, Brent Eames, about a powerful weapon for injured victims to fight back against unreasonable insurance companies.

In Illinois, if an injured victim can prove that an insurer operated in bad faith by refusing to settle a claim within the insurance policy limits, then the injured victim may be able to obtain a recovery from the insurance company which amounts to the total verdict from the Judge or jury, and not simply the policy limit. For example, in a clear-liability case where the insurance company has a $25,000.00 policy limit, and the injured victim has over $50,000.00 in medical bills, it should be obvious to everyone that the injured victim’s claim is worth more than the $25,000.00 policy. So, said insurance company should be eager to hand over the entire policy as part of a settlement agreement. In a case like this, if the insurance company refuses to promptly pay the policy limit, they could potentially be found to be acting in bad faith by a reviewing court.

When an insurance company acts unreasonably when faced with a reasonable probability of a liability verdict in excess of the policy limit, they are putting their insured at significant risk of becoming personally responsible. In effect, they are breaching their duty of good faith to their insured by wrongfully failing to settle a claim within the policy limits.

When you hire an experienced car accident attorney, we can assist in setting up the insurance company for a bad faith claim. There is very specific language and caselaw which should be referenced and repeated if you want to be able to prove that the insurance company was failing to act in good faith. It is important to create a paper trail to document all of the times which the insurance company could have simply resolved the case, but instead chose to act in bad faith. These bad faith demands can include time limits which put even more pressure on insurance companies to promptly pay out on these claims.

An insurance company is generally required to defend their insured’s interests just as much as their own interests. This is an objective standard, and a reviewing court will consider all relevant factors. These factors can include things such as liability disputes, the reasonableness and necessity of related medical expenses, or the pain and suffering associated with the case.

The Eames Law Group  is an experienced law firm that guides people involved in car accidents. They help residents of Illinois gain their lives back after accidents, by managing medical bills and financial setbacks. The Eames Law Group can help people obtain the appropriate compensation and medical assistance from car accidents. Eames Law Group has been recognized as a top car accident attorney in Chicago based upon A+ rankings for professionalism and reputation.

For more information, contact us to meet with the Eames Law Group and learn about the legal services they offer.

Let Us Protect Your Right to Recovery
Without protection from an experienced car accident attorney, your rights as a victim are in jeopardy. Developing a clear understanding of relevant laws, applicable claims types, and the legal proceedings that may follow is hard enough, but when you are distracted by your physical and mental recovery, experienced insurance adjusters, and the other side’s legal team, winning an appropriate settlement can be almost impossible. Let our professionalism, persistence, and superior legal skills guide you through this difficult time. We’ll help you:
Get access to the medical care you need to recover
Navigate the injury claims process
Gather evidence like witness statements, photographs, videos, and police reports
Negotiate with the insurance company
Pursue your case in court if necessary

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