How Long Does an Insurance Company Have to Settle a Claim?

Firm News | July 11, 2020

If you or somebody you love has been injured in a car accident caused by the negligent actions of another driver in Illinois, you may be entitled to compensation for your losses. However, these cases can become complicated, and many car accident victims need to know how long it will take for the insurance carrier to pay out compensation in their claim. There are various factors that go into this answer, including Illinois state law, as well as investigations that may take place to determine fault. For specific information about your claim, contact our Chicago car accident lawyers today at (312) 781-1977.

How Many Days Does The Insurance Company Have to File a Claim?

In Illinois, state law requires that auto insurance providers provide claimants with the proper forms for their claim within 15 working days of the accident being reported. After the insurance carrier receives the completed forms, they then have 60 days to investigate the incident and provide an explanation of denial or approval of the claim.

Do I Need To Contact an Attorney?

While the vast majority of car accident cases are settled between insurance carriers, it may be necessary to file a personal injury lawsuit to recover the compensation a victim needs. This could be the case if the auto insurance carrier denies a claim or refuses to offer a fair settlement amount.

Lawsuits in car accident cases do not have a specified timeline, though you can generally count on a lawsuit taking more time to settle than a car accident insurance claim. There are various steps involved in the lawsuit process, including investigating the incident, the discovery process, further negotiations or mediation, and an eventual trial.

Even after a lawsuit is filed, most cases are settled through negotiations before a trial is necessary. Cases that do go to a full trial could take up to a year or more to resolve. For more information on filing a lawsuit, contact a personal injury attorney in Chicago.

What Is the Statute of Limitations After a Car Accident in Illinois?

It is important to keep in mind that Illinois has a two-year statute of limitations in place for personal injury lawsuits. This means that car accident victims have two years from the date the accident occurs to file a lawsuit against an alleged negligent party. Failing to file a lawsuit within this two-year window will result in a victim being unable to recover any compensation for their losses.

What Kind of Compensation is Available in These Cases?

If you or somebody you love has been injured in a car accident caused by the negligent actions of another person, you need to speak to an attorney as soon as possible. There may be various types of compensation available for your claim, including the following:

  • Payment for all medical expenses related to the crash
  • Lost income and benefits if a victim is unable to work
  • Pain and suffering damages
  • Loss of personal enjoyment damages
  • General household out-of-pocket expenses

Maximizing Compensation After an Accident

Whether you recover this compensation through a car accident insurance settlement or a personal injury lawsuit, it is vital that you work with an attorney to help maximize how much you receive.

While you may want to resolve your car accident case as quickly as possible, particularly if you have outstanding bills that need to be paid, sometimes it is necessary to be patient. By working with a car accident lawyer, you will increase your chances of obtaining maximum compensation for your claim.

Additional Information: How Do Insurance Companies Dispute Liability In Illinois Car Accident Cases?