Six weeks after your crash on Veterans Parkway, the adjuster hasn’t called back. Medical bills pile up on your kitchen table. The last email offered less than the cost of the ambulance ride alone.
Bad faith personal injury insurance claims are situations in which the insurer acts unreasonably. They can leave claimants feeling neglected, angry, and at a loss for what to do next. That’s on top of the pain and suffering caused by the accident.
Dodds Law Office sees this pattern often in claims. The insurer treats an injured driver as a problem to manage rather than a claim to pay. The insurance company won’t tell you, but state law protects you in situations like this.
What Counts as Bad Faith in Personal Injury Insurance Claims?
Bad faith happens when an insurance company handles a personal injury claim in a way that state law considers unreasonable. It goes beyond being slow or rude and crosses the line into conduct that a court finds vexatious and unreasonable. In these cases, Illinois law allows an injured policyholder to ask a court to step in.
Does Bad Faith Apply to Your Own Insurer or the Other Driver’s?
Illinois treats the two differently. State law lets you seek fees and a penalty from your own insurer, usually in an uninsured or underinsured motorist claim. A separate legal claim, not this law, applies to a liability insurer that refuses in bad faith to settle within the at-fault driver’s policy limits.
How Do Illinois Courts Decide If an Insurer Crossed the Line?
Courts do not rely on one email or one missed deadline. Judges look at the insurer’s whole attitude toward your file.
They ask whether the delay forced you to file a lawsuit just to get paid. They ask if the delay left you without the money you needed. They also weigh the full picture of how the company handled your claim from start to finish. One rude phone call rarely proves bad faith. A pattern of stalling and unexplained denials often does.
What Are the Warning Signs of an Insurer Acting in Bad Faith?
Illinois regulators have named specific practices that count against an insurer once a dispute reaches court.
Watch for these patterns while your claim moves forward:
- Misstating what your policy covers or why the company denied your claim;
- Ignoring your calls, letters, or emails for weeks at a stretch;
- Refusing to look into your claim honestly before denying it;
- Failing to explain clearly why the company denied or lowballed your claim;
- Offering far less than a jury or court later finds the claim is worth; and
- Demanding the same forms or records repeatedly to slow things down.
No single act on this list guarantees a finding of bad faith. However, each one builds the record your attorney needs to pursue the claim.
Does Filing a Bad Faith Claim Add to What You Recover?
Proving bad faith in a personal injury claim does not replace what the insurer owes you. It stacks on top of it.
If the court finds that an insurer’s delay or denial was vexatious and unreasonable, it can order the insurer to pay:
- Reasonable attorney fees,
- Other costs, and
- A penalty of up to $60,000.
The court can add this amount in addition to whatever you already recover for your injuries. An insurer that stalls to save money can end up paying more than it would have if it had agreed to a fair offer.
Is Bad Faith Its Own Lawsuit or Part of Your Existing Case?
The list of improper practices recognized under the state’s regulation does not permit a policyholder to sue under that regulation alone. Only the Illinois Department of Insurance can act directly on those violations, through fines or other discipline against the company.
Your attorney must take a different path. At Dodds Law Office, we build that same evidence into your existing case. We then ask the court to award fees and a penalty once the insurer’s conduct meets that standard.
What Should You Do If You Suspect Your Insurer Is Stalling?
Illinois law gives you a real path to challenge an insurer acting in bad faith over a personal injury claim.
Here are some things you can do to help your lawyer:
- Keep a dated copy of every letter, email, and settlement offer the company sends you;
- Write down who you spoke with on each call, the date, and what they told you; and
- Hold on to pay stubs, medical bills, or other paperwork that shows what the delay cost you in real terms.
This record is the difference between a vague feeling that the insurer is treating you unfairly and solid proof. Your attorney can put that proof in front of a judge.
Why Bring Your Insurance Fight to Dodds Law Office?
Terry Dodds has helped personal injury clients across McLean County achieve impressive results for over two decades. This includes a $2 million recovery for a motorcyclist left quadriplegic. When an insurance company treats a claim like an inconvenience, Terry brings a trial-ready approach to push back. Reach out to Dodds Law Office for a free consultation, and find out what your case is really worth. No upfront fees.
FAQs
How Long Does an Illinois Insurer Have to Respond to My Claim?
For auto insurance claims, Illinois insurance rules generally require an insurer to make a bona fide effort to communicate with insureds and claimants within 21 working days after notification of a loss when liability is reasonably clear. This does not require payment at this time. The rules also require pertinent communications to be acknowledged with reasonable promptness. Missing the deadline repeatedly without a good reason can support a bad faith claim.
Can My Insurer Avoid the Penalty by Claiming It Had a Legitimate Reason to Deny My Claim?
Not always. A legitimate, good-faith dispute over coverage or the amount owed can weigh against a finding that the insurer acted vexatiously and unreasonably. But a court considers the totality of the circumstances, including how thoroughly the insurer evaluated the claim, communicated with the insured, and handled the dispute.
Does Pursuing a Bad Faith Claim Cost Extra on Top of My Personal Injury Case?
Not with Dodds Law Office. Personal injury cases run on a contingency fee, so you pay nothing unless the firm recovers money for you. Illinois law also shifts the cost of a vexatious delay onto the insurer, since a court can order the company to pay your attorney fees.
