How to handle delayed insurance payment while statue of limitations is running out and now I been asked to answer charges in a summons.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 27, 2017

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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 AS IS. It has not necessarily been reviewed by the management staff of 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 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 to represent you.

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