1990 E. Algonquin Rd, Schaumburg, IL 60173

LET US HELP YOU CLAIM YOUR JUSTICE®!

After a serious accident in Schaumburg, most people expect their insurance claim to move forward once fault is clear and their injuries are documented. But that does not always happen. Insurance companies might keep asking for more information, question your medical care, dispute damages, or let weeks go by without real progress. If you cannot work and your medical bills are piling up, these delays can cause real financial stress. I often see people get frustrated when they think that saying yes to every new request will lead to a fair settlement. Knowing why an insurer might delay your claim can help you spot when a real investigation turns into needless stalling.

For people in Schaumburg and nearby areas like Arlington Heights, Buffalo Grove, Des Plaines, Elk Grove Village, Mount Prospect, Palatine, and Rolling Meadows, delays can be especially hard if injuries keep you from working or mean you need ongoing care. Illinois law says insurance companies must handle claims fairly and quickly. Section 154.6 of the Illinois Insurance Code lists bad practices, such as not responding to claim communications quickly, not having good standards for fast investigations and settlements, and not trying to settle fairly when it is clear who is at fault.

Constant Requests For Additional Documentation

A common delay happens when the insurance company keeps asking for records that could have been requested earlier. An adjuster might first ask for your medical records and bills. After you send those, they may ask for more medical records, job documents, past treatment records, wage details, diagnostic images, or other paperwork, often one at a time.

Sometimes, extra paperwork is truly needed. A serious injury claim cannot always be judged by just a few medical bills. The problem comes when the requests seem repetitive, unnecessary, or spaced out so that every answer leads to more questions.

I want to determine exactly what information the insurer claims it needs and why. Rather than allowing the claim to remain in an endless cycle of document requests, I focus on finding out exactly what information the insurer says it needs and why. Instead of letting the claim get stuck in a loop of paperwork, I gather the evidence needed to show who was at fault, what injuries you have, your medical costs, lost income, future treatment needs, and other damages.. An insurer has the right to investigate a claim, but an investigation should have a legitimate purpose.

Saying The Claim Is Still Under Investigation

Another thing accident victims often hear is that the insurance company is “still investigating.” Sometimes this is true. Figuring out who is at fault may take time if drivers tell different stories, several vehicles are involved, or more evidence is needed.

However, the explanation becomes increasingly questionable when months pass without the insurer identifying what remains unresolved. If there is a police report, photographs, witness statements, vehicle damage evidence, medical documentation, and a clear account of how the accident happened, I want to know what additional investigation is supposedly preventing a decision.

Section 154.6 of the Illinois Insurance Code addresses the failure to attempt in good faith to reach a prompt, fair, and equitable settlement when liability has become reasonably clear. That does not mean every claim must be immediately paid simply because the injured person believes fault is obvious. It does mean that endless investigation should not become a substitute for making a claim decision.

Questioning Whether All Of Your Medical Treatment Was Necessary

Insurance companies may also slow down your settlement by questioning your medical treatment. An adjuster might say your physical therapy took too long, some tests were not needed, an injection was too much, or a recommended procedure is not related to the accident.

These arguments can be a big deal if you have a herniated disc, torn shoulder, knee injury, brain injury, fracture, or another serious condition that needs a lot of treatment. A claim that seemed simple at first can get stuck while the insurer questions parts of your medical history. Medical records, diagnostic imaging, treating physician opinions, specialist reports, and documentation of symptoms can help establish why treatment was medically necessary and how the injuries affected the person’s daily life.

Just because an insurance adjuster questions your treatment does not mean it was unreasonable. The real proof should come from the medical evidence.

Blaming Your Injuries On A Preexisting Condition

An insurer might also slow down your claim by asking for years of old medical records and looking for past problems with the same body part. A previous back issue, neck problem, shoulder injury, arthritis, or disc disease can then be used to argue about what caused your current injury.

Having a preexisting condition does not mean you cannot make an injury claim. An accident can make an old problem worse, causing new symptoms or bigger limitations than before. The key question is what changed because of the accident.

I often compare pre-accident and post-accident medical evidence. If someone occasionally experienced mild back discomfort before a collision but required injections, surgery, or prolonged therapy afterward, that progression may be extremely important.

These disputes must be addressed carefully because causation arguments can become one of the primary reasons insurers postpone serious settlement discussions.

Making A Low Offer And Waiting For Financial Pressure To Build

Delay can create leverage. Someone who has missed months of work may have mortgage payments, rent, car payments, medical bills, credit card obligations, and ordinary household expenses piling up.

An insurance company knows that financial pressure can affect settlement decisions. A low offer may become more attractive when someone urgently needs money, even if the offer does not adequately account for future medical treatment, reduced earning ability, or permanent limitations.

I do not evaluate an offer based simply on whether it puts money in your hands quickly. I look at what you are giving up in exchange for that payment.

Personal injury settlements generally require the injured person to release the responsible party from further liability. Once a claim is fully settled and released, the person ordinarily cannot return later because medical problems became worse than expected. That makes the timing of settlement particularly important when treatment is incomplete or the long-term prognosis remains unclear.

Waiting For You To Finish Medical Treatment

There is an important distinction between an unnecessary insurance delay and waiting until your medical condition can be reasonably evaluated. Sometimes settling immediately would actually harm the injured person.

If your doctor does not yet know whether you will need surgery, additional therapy, injections, rehabilitation, or permanent work restrictions, I may advise against resolving the claim too early. Future damages can represent a substantial portion of a serious injury case.

This is why the length of a claim alone does not tell us whether an insurer is acting improperly. A case may take time because the full consequences of an injury are not yet known. The important question is whether the delay serves the legitimate development of the claim or merely postpones a decision the insurer could reasonably make.

Reassigning Adjusters And Starting The Review Again

Another frustrating situation occurs when a claim is repeatedly transferred from one adjuster to another. You may spend weeks providing information to one person, only to learn that a different adjuster has taken over the file and needs time to review everything again.

Internal staffing decisions should not erase months of claim progress. When I represent an injured client, I maintain organized records of the documents provided, communications sent, demands made, and responses received. This creates a record of what the insurer already has and when it received it.

Illinois law identifies failing to acknowledge pertinent communications regarding claims with reasonable promptness as an improper claims practice. Consistent written documentation can therefore become important when unexplained communication delays become part of the problem.

Ignoring Calls, Emails, And Settlement Demands

Sometimes the delay is less complicated. Phone calls are not returned. Emails go unanswered. A settlement demand is submitted, and weeks pass without a substantive response.

When that happens, documentation becomes important. Illinois consumers experiencing insurance problems can submit written complaints to the Illinois Department of Insurance, which provides a formal consumer complaint process. The Department recommends keeping copies of communications and documenting telephone contacts, including the person contacted, the date, and the substance of the discussion.

That does not mean an administrative complaint is the appropriate solution in every personal injury case. The proper response depends on the type of insurance involved, whether you are making a claim against another driver’s carrier or your own insurer, the nature of the dispute, and where the case stands.

Hoping You Will Miss The Filing Deadline

One of the most important things I tell injured people is that negotiations with an insurance company do not eliminate the need to protect the legal filing deadline.

Under 735 ILCS 5/13-202, Illinois generally provides two years to commence an action for personal injuries. Different rules and shorter deadlines can apply in certain cases, particularly claims involving governmental entities or other unusual circumstances.

An insurance adjuster may continue discussing a claim while the legal deadline approaches. You should never assume that ongoing negotiations automatically extend the statute of limitations.

This is one reason prolonged insurance delays deserve close attention. If negotiations do not produce an appropriate resolution, filing a lawsuit before the applicable deadline may be necessary to preserve your rights.

When Insurance Delay May Become More Than An Inconvenience

Illinois law provides protections concerning improper claim practices, but it is important to distinguish between a third-party liability claim against another driver’s insurer and a dispute involving your own insurance policy.

Section 155 of the Illinois Insurance Code may allow attorney fees, costs, and specified additional amounts when litigation concerns an insurer’s liability under a policy or the amount payable under the policy and the court determines that the insurer’s conduct or delay was vexatious and unreasonable. Whether Section 155 applies depends heavily on the insurance relationship and facts of the particular dispute.

Not every slow claim constitutes insurance bad faith, and not every disagreement about settlement value is an unlawful delay. I look at the entire history of the claim, including what evidence was submitted, whether liability was reasonably clear, how the insurer responded, what information remained outstanding, and whether there appears to be a legitimate reason for continued delay.

Call SJ Injury Law About A Delayed Personal Injury Settlement

If an insurance company keeps postponing your claim, repeatedly requesting documents, questioning medical treatment, failing to return communications, or making excuses instead of seriously evaluating your injuries, you do not have to determine your next step alone. I can review what has happened, examine the evidence already provided to the insurer, evaluate the value of the injury claim, and determine what action may be appropriate under Illinois law.

At SJ Injury Law, I represent people injured in car crashes, truck accidents, pedestrian accidents, motorcycle collisions, rideshare accidents, premises liability incidents, and other serious accidents. My goal is to pursue compensation that reflects the actual consequences of the injury rather than allowing insurance-company delay to dictate when or how your case is resolved.

If you were injured, call our Schaumburg auto accident attorney at SJ INJURY LAW by calling (847) 434-3555 to receive your free consultation.T he sooner I can review the claim, the sooner I can determine whether the insurance company has a legitimate reason for the delay or whether additional action should be taken to protect your right to compensation.

Case Facts

View All

What Is The Value Of Your Case?

We are highly experienced personal injury lawyers. We know how to help accident victims receive the full financial compensation they deserve. Our Winning Team is focused, dedicated, and sensitive to each of our client's needs. We are here to help you 24 hours a day, 7 days a week.

847-434-3555

Our Location1990 E. Algonquin Rd, Schaumburg,
IL 60173, United States