In Illinois, the statute of limitations on torts is 5 years, this means that you need to file suit against the at fault driver within 5 years of the accident.
If the insurance company is offering you an unfair loss in value amount, you need to hire an independent appraiser to rebut their valuation.
You can also escalate the claim by contacting the Illinois Insurance Commissioner.
To get the process started and to get a free estimate, please fill out the form below.
Insurance Bad Faith in Illinois
Citation: 215 ILCS 5/155
(215 ILCS 5/155) (from Ch. 73, par. 767)
Sec. 155. Attorney fees.
(1) In any action by or against a company wherein there is in issue the liability of a company on a policy or policies of insurance or the amount of the loss payable thereunder, or for an unreasonable delay in settling a claim, and it appears to the court that such action or delay is vexatious and unreasonable, the court may allow as part of the taxable costs in the action reasonable attorney fees, other costs, plus an amount not to exceed any one of the following amounts:
(a) 60% of the amount which the court or jury finds such party is entitled to recover against the company, exclusive of all costs;
(b) $60,000;
(c) the excess of the amount which the court or jury finds such party is entitled to recover, exclusive of costs, over the amount, if any, which the company offered to pay in settlement of the claim prior to the action.
(2) Where there are several policies insuring the same insured against the same loss whether issued by the same or by different companies, the court may fix the amount of the allowance so that the total attorney fees on account of one loss shall not be increased by reason of the fact that the insured brings separate suits on such policies.
