How to handle delayed insurance payment while statue of limitations is running out and now I been asked to answer charges in a summons.
Free Insurance Quote Comparison
Secured with SHA-256 Encryption
UPDATED: Jul 27, 2017
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
Insurance Question from Barnett Township, IL
Asked on 07/27/2017
How to handle delayed insurance payment while statue of limitations is running out and now I been asked to answer charges in a summons. Aug 4, 2015 I rear ended a woman while approaching a light. She was stopped at the light. No apparent damage to either vehicle as far as it goes. (Police was surprised the woman bother call them). Now she as a plaintiff is asking $50,000 for bodily damages (back and neck pains and medical expenses. I perceived she filed because State Farm has delayed making a settlement. I no longer carry them. They dropped me . Statue of limitations ends Aug 4, 2017 in Illinois. What do I do next. I sent the summons to State Farm and I want to file a complaint to Illinois insurance Commissioner. What is left for me to do? Will I have to make up the difference if State Farm doesn't pay even though I had $100,000 coverage for bodily injuries?
Answer given on July 28, 2017
If you cause an auto accident with bodily injury, your insurance company must investigate and defend you if a lawsuit occurs. Even though you are no longer insured by the same insurance company, they must continue handling the case until it is settled. If you received a notice of a lawsuit, you need to send it to the insurance company as soon as possible. Keep a copy for your records. The insurance company must respond to the lawsuit and proceed with the defense. If yoiur liability limits are sufficient, and the lawsuit is settled, then the insurance company must pay the amount of the settlement. Ask for a supervisor with the insurance company to see how they are handling your defense, and ask them to keep you advised of the progress.
You can file a complaint with the Dept of Insurance regarding the claim. Explain that the insurance company does not seem to be responding to the complaint from the other party. They may respond to you right away, or it could take time.
IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.