Legal Question in Insurance Law in Illinois

Settlement from Insurance Company

My son was in a car accident a couple weeks ago

the insurance company has totaled the car (1987 camero) and has made an offer. I believe this offer to

be to low. Am I legally obligated to accept this offer,or can I counter offer??

thanks


Asked on 8/23/01, 5:35 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Settlement from Insurance Company

You are not legally obligated to accept an offer of settlement from the insurance company. You may, and probably should, make a counter offer. In most property damage claims the insurance adjuster does not have too much authority to increase the initial offer, but you may be able to get them to come up a modest amount. If you are still too far apart after they tell you that this is their final offer, you may elect to file a small claims suit against the driver of the other car involved in the accident who caused the accident. His insurance company will in all likelihood then have to hire an attorney to defend the suit. If, on the other hand, you are dealing with your own insurance company, please be sure to read your policy very carefully before taking any further action. A few policies require you to submit the matter for review or even for arbitration before you can file a lawsuit. Good luck.

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Answered on 8/28/01, 1:01 pm


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