Monday, October 6, 2008

What do I do if my claim is denied? Small claims.

If you are involved in an accident and you have any medical treatment I strongly suggest you consult an attorney before talking to the insurance company. In the event that you only have a claim for the damage to your bicycle it may be fine to handle your own property damage claim. You can refer to my previous blog about how to file your claim with the insurance company.

What if the insurance company denies your claim? Small claims.

Some insurance companies will deny smaller claims just because they think the cost to litigate a small claim will outweigh the potential recovery. If you believe the driver was, in fact, at fault for the crash, but the insurance company denies your claim, your only recourse may be to file a lawsuit. If your suit is too small to justify legal counsel you can file your suit in small claims. There is a charge to file a small claims lawsuit, but if you win your suit costs are typically awarded on top of the verdict amount.

In Cook County small claims complaints can be filed on the sixth floor of the Daley Center. Small Claims is a relatively informal venue. It is designed to cater to individuals whose claim is too small to justify paying a lawyer, so judges in the small claims division are accustomed people litigating their claims without attorneys.

See the County Clerk's website for more details.

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