Auto Insurance Litigation
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Do You Need A Lawyer For Your Auto Insurance Claim?

If you have been injured in a car accident, or if a family member has been injured or killed in a car accident, you are reasonable to expect that your insurance company will play fair. You expect that you will get compensation to cover the costs and damages associated with the accident.

Unfortunately, this is not always the case.

Auto insurance companies are intent on making a profit, even if it means underpaying people who have been seriously injured in auto accidents. Insurance companies may also delay paying the claim, causing stress and financial hardship for the victim.

At Bonifield & Rosenstengel, P.C., we represent policyholders involved in car accident claim insurance disputes. If your insurance company is making it difficult for you to obtain the coverage you are entitled to, schedule a free consultation  with one of our lawyers.

Taking Steps To Protect Your Rights In an Insurance Claim

While it is advisable to have an attorney represent you from the earliest stage of your
personal injury case
 
, we can step in at a later time if you are having issues with your insurance company.

We may be able to settle your insurance dispute through mediation. However, if the insurance company fails to work out an agreement that is in your best interests, we will not hesitate to take your case to court.

A Car Insurance Attorney Contact Us Today.

If you are involved in a coverage dispute with your auto insurance company, we can help. Please call our law office in Belleville, Illinois, at 1-618-827-5243

What makes us different? Navigating insurance disputes can be highly frustrating for a couple of different reasons. You, as a policyholder, can and should expect insurance companies to honor their commitments. We are experienced in litigating these matters with auto insurance companies and are ready to help protect your rights.

Understanding Auto Insurance Claim Disputes

Most of the time, claims resolve without litigation. When a fair amount is offered and accepted, it’s a simple happy ending for all parties. However, a few instances may lead to litigation between policyholders and insurance companies, especially in auto accident law, which is not always black and white.


Why is fair compensation so important? After an accident, you use insurance to pay for things like medical bills, property damage, your car, and more. Without receiving the right amount, you could find yourself in a bad financial situation. You do not want to accept less money than you are entitled to.

Auto Insurance Requirements in Illinois

Drivers are required to carry the minimum insurance coverage in Illinois, which is $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $20,000 for property damage. Additionally, Illinois mandates uninsured motorist coverage of at least $25,000 per person and $50,000 per accident, which helps protect you if the at-fault driver lacks insurance. Every month, you pay for the right to these coverage amounts. So why do disputes arise? Despite these requirements, insurers fail to provide adequate compensation within policy limits. When this occurs, there may be basis for litigation.

Common Reasons for Auto Insurance Claim Litigation

Experienced insurance lawyers know that there are rules that these companies must follow. As discussed, you are required to carry certain coverages by law. It only makes sense then that insurance companies are also required by law to compensate policyholders. If you suspect foul play, there is no one better to consult with to see if you have a claim than a car insurance attorney. Here are some common reasons a claim may lead to litigation:

  • Claim Denials/Breach of Contract – An insurance company may deny claims for several different reasons. In fact, they could be looking for reasons to do so. When your claim is denied based on false or deceptive reasoning, you may have grounds for a lawsuit based on breach of contract.
  • Undervalued Claims – It is better for insurance companies that to accept the lowest amount possible. They may offer settlements that do not fully cover your losses, including medical expenses, property damage, or lost wages. If the amount offered is unfair, litigation may be necessary to obtain a fair settlement.
  • Delay Tactics – There are little things more frustrating than not being able to get someone on the phone. This is a tactic. Imagine you have just gotten into an accident and your car was totaled. If it’s difficult to get in touch with the insurance adjuster, you may become frustrated and end up accepting a lower offer to “get it over with.”  It’s obvious that these delays can cause financial strain and hinder your recovery process.
  • Bad Faith Practices – Many do not recognize bad faith practices. Unfortunately, this occurs more than you think. Bad faith occurs when an insurer deliberately mishandles a claim, misrepresents policy terms, or fails to investigate a claim properly. If your insurer acts in bad faith, you may have grounds for legal action. In Illinois, the statute that governs bad faith by insurance companies is Section 155 of the Illinois Insurance Code, which is 215 ILCS 5/155

The Process for Litigating a Claim Dispute in Illinois

We, more than anyone, understand how frustrating it is to deal with a car insurance claim denial, but taking the right steps as soon as possible will strengthen your potential case. There are a few things you can do when you suspect something bad is on the horizon. It starts with reviewing your policy. Everything is going to come down to what is in your auto insurance policy, so familiarizing yourself with an up to date version is a great first step after an accident. Check for coverage details, exclusions, and the specific language that could be used by the insurer to justify the denial or reduction of your claim.


Another great thing you can do is maintain detailed records of all communication related to your claim, including phone calls, emails, and letters. Document any evidence related to your claim, which you will likely do anyway in the beginning. This includes photos of damages, police reports, medical records, repair estimates, and receipts.


The rest of your case should ultimately be handled by an experienced attorney. They will review the information and conversations you’ve had prior to their involvement. If the pieces fall into place and they see a potential case, they will accept you as a client and continue with representation. Generally, these are the next few steps in the litigation process. Please note that every case is different.

  1. Filing a Lawsuit – This legal action initiates the litigation process and formally sets the dispute for resolution in court.
  2. Discovery – Think of discovery like you are trying to uncover a fossil. Much like you dig for information to learn more, both parties in discovery exchange information, documents, and evidence relevant to the case. Your attorney will start building their argument during this phase.
  3. Negotiations – Many insurance disputes are resolved through mediation, a process where both parties meet with a neutral third party to negotiate a settlement. Mediation can be a cost-effective way to resolve disputes without going to trial. If a solution is not found, there will be the option of going to trial. Most claims are settled at this stage without trial, but it can sometimes be necessary.
  4. Trial – This is the part you see on TV. During the trial, both sides present their evidence and arguments, and a judge or jury makes a final decision. A favorable verdict can result in compensation for the full value of your claim, plus additional damages in cases of bad faith.

Our Experienced Auto Accident Claim Lawyers Can Help

You have rights, and we intend to protect them. If you decide to allow us to represent you in your car insurance claim, we will work tirelessly on your behalf and provide clear answers to your questions about car accidents. If your claim is denied or only partially paid, the insurance company must provide a clear and detailed explanation of their decision, including referencing specific policy provisions. We hold insurance companies accountable and protect you against unfair tactics.

Always advocate for your rights, and remember that you paid for these protections. Don’t hesitate to push back with an attorney’s help if your insurer tries to minimize or delay your rightful compensation for your car accident claim. If you’ve been in a car accident and need help, contact us today.