Bad Faith in Car Crash Cases by Attorney John Risvold
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- Опубліковано 8 вер 2024
- Injury Attorney John Risvold presents to the Chicago Bar Association how Plaintiff lawyers can establish bad faith in car crash cases, how to prove that an insurance company acted in bad faith, and how to litigate cases in Illinois where both negligence and insurance bad faith are present.
I was in a T bone accident in Illinois and the force of the crash caused me to hit a brick building at 30mph the car behind me was filled with a Deputy fire chief two captains who witnessed and also said I had the green light and she blew her light which she also admitted to me and the responding officer of the accident. I walked away somehow but of course next day my body was extremely sore. About three days later I got a call from the state farm adjuster. She informs me that the other party who blew the red light was 100% at fault and they were here to help me. She tells me she opened a claim for me for missed time from work,medical bills,pain and suffering,rental car and in a few days I would get a check for my totaled Envoy. So I agreed but [I never signed anything] because I am not out to sue them I just want a new car and whatever bills paid and was happy they were I thought looking after me. Well as a few weeks passed I was getting more and more symptoms of something wrong. I tried to call the adjuster over a week and a half seeing if there was a doctor they would like me to see to keep cost for them down,,,,,,NO reply during this time. I then called I believe the 800 number and talked to someone who then informs me there is no open claim for any of what she had told me ! The girl then tells me I do not qualify for any of that since I just had liability insurance with them. I then said the other party was 100% at fault and was told they had full insurance but not told the actual amount of their policy. The lady then tells me that since I have state farm and the responsible driver has state farm that it was just settled and all I would get is my car replaced. Come to find out I had 2 broken vertebrae and 5 bulged discs and a wicked case of type 2 whiplash that lasted almost 3 months. Would that be considered bad faith since they promised and took away a claim and put the companies needs ahead of one of their customers?
How long does it takes to settle a bad faith claim once you filed a suit ?
Hey I was sideswiped on the highway (my vehicle was totaled). Defendant (no injuries) insurance company has made me see two different IME doctors and denies liability. There policy limit is 250/500k. The accident caused me to have a herniated disc in lumbar L5-S1, 1 epidural shot and percutaneous discectomy operation. 2 herniated discs in cervical spine, 3 epidural shots. Then last week my pain management doctor had me do a discography procedure to help locate the exact damage discs. Comes to find out I need 2 disc replacements at C4-5 & C5-6. The case is going on a year and half and insurance company still hasn’t offered a reasonable settlement amount & still not taking responsibility. Can I have my lawyer file a bad faith complaint against them for claiming I wasn’t really injured that severely and not offering a reasonable compensation. And if so, can I receive more than the 250k since medical expenses & bad faith will exceed that??
Amazing info!!
Thank you, I am at this stage now.
Thank you I'm in this situation right now, farm bureau decline my claim. I need surgery but can not get it because I have custody of my now 13 year old son that was in the car accident as well. We flipped to the other side of the highway. I don't know who to call now, farm bureau is saying I was driving aggressively how I don't know but I know I was not, NEED HELP BAD