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Fighting State Farm Car Accident Claims in Illinois

State Farm is the largest auto insurer in the country, and it is headquartered right here in Illinois. Its adjusters work for State Farm, not for you. We push back on low offers with the evidence your claim deserves.

By LawMachine

Talking to a State Farm adjuster?

Before you sign anything or give a recorded statement, call (312) 222-0202 or start a free case review. You will speak with an attorney, not a call center.

How claim-evaluation software can undervalue your medical bills

Large auto insurers commonly use computerized claim-evaluation programs to put a number on injury claims. The best known is Colossus, which has been licensed to several major carriers. Programs like this score a claim from the codes in your medical records, such as diagnoses, treatments, and how long care lasted, and an adjuster's offer often starts from that range.

The problem is what the software never sees: pain that keeps you up at night, the shifts you couldn't work, a symptom your doctor wrote down vaguely. A detail that isn't documented in a way the system recognizes can be left out of the number entirely.

Illinois law is on your side here. Under Wills v. Foster (2008), an injured person can present the full billed amount of reasonable medical expenses, not only what insurance ended up paying. We build the medical record and the damages evidence so the full value is in front of the adjuster, and in front of a jury if it comes to that.

  • Follow up on every referral and keep every appointment
  • Tell your doctors about every symptom, even ones that seem minor
  • Keep a short daily journal of pain, missed work, and things you can't do
  • Save receipts for prescriptions, mileage, and out-of-pocket costs

“Delay, deny, defend”: what slow-walking looks like in a Cook County claim

“Delay, Deny, Defend” is the title of a 2010 book by Rutgers law professor Jay Feinman about how insurers handle claims. Whatever the carrier, the pattern is familiar: requests for the same records twice, long gaps between calls, a dispute over who was at fault, then an offer that assumes you are tired of waiting.

Delay works against you because Illinois gives most injured people two years from the crash to file a personal injury lawsuit (735 ILCS 5/13-202). An adjuster doesn't have to remind you of that deadline, and negotiating doesn't pause it. Claims involving the City of Chicago, the CTA, or another public body can have much shorter notice and filing deadlines.

Illinois regulates how insurers handle claims. The Insurance Code lists improper practices, including failing to respond to claim communications promptly and pushing policyholders into lawsuits by offering substantially less than they ultimately recover (215 ILCS 5/154.6). You can report a carrier to the Illinois Department of Insurance. If State Farm is your own insurer and unreasonably delays a claim under your policy, Section 155 of the Insurance Code may allow added penalties and attorney fees.

Why you should talk to Attorney Voss Skoullos before giving State Farm a recorded statement

If the other driver is insured by State Farm, you are not legally required to give their adjuster a recorded statement. The adjuster's job is to evaluate the claim for State Farm. A friendly call a few days after the crash, while you're on pain medication and before you've seen a specialist, can produce answers later used to argue that you were partly at fault or not badly hurt.

If State Farm is your own insurer, it's different: your policy likely requires you to cooperate. Even then, talk with a lawyer first about what the call will cover. Attorney Voss Skoullos personally handles the cases LawMachine takes, so you'll be talking with the lawyer who would handle your claim.

  • Give your name, contact information, and the basic facts of the crash
  • Politely decline a recorded statement until you have spoken with a lawyer
  • Don't guess at speeds, distances, or how you're feeling “overall”
  • Don't sign medical authorizations or releases without reviewing them with an attorney

Frequently asked questions — State Farm claims

Do I have to talk to State Farm if the other driver was insured by them?

No. You are not legally required to give the other driver's insurer a recorded statement. If State Farm is your own insurer, your policy likely requires cooperation, so speak with a lawyer before that call.

Can I sue State Farm directly after a Chicago car accident?

Usually not. In Illinois, an injury lawsuit is generally filed against the at-fault driver, and that driver's insurer defends and pays on their behalf. Claims under your own State Farm policy, such as uninsured or underinsured motorist coverage, are handled under your policy terms.

Sources

  • 735 ILCS 5/13-202 — Illinois personal injury filing deadline
  • 215 ILCS 5/154.6 — Improper claims practices
  • 215 ILCS 5/155 — Insurer vexatious and unreasonable delay
  • 735 ILCS 5/2-1116 — Illinois modified comparative fault

LawMachine is not affiliated with, endorsed by, or sponsored by State Farm. State Farm is a trademark of its owner and is used here only to identify the insurer. This page is general information, not legal advice, and every case is different.

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Up against State Farm? Get your free case review.

Call (312) 222-0202. We speak with every client personally, and you pay no fee unless we recover compensation for you.

Start Your Free Case EvaluationCall (312) 222-0202

Get Your Free Case Review

We speak with every client personally.

Call (312) 222-0202