There are many different rules that apply to filing a claim with your insurer for a bicycle accident. If you do not follow some of these rules, then you may find that your claim is denied. At Therman Law Offices, we are available to assist Chicago bicycle accident victims with protecting their right to compensation. This includes ensuring that insurers treat you fairly and do not take advantage of you. While you are coping with injuries and stressful disruptions in your life, we will provide you with the responsive and compassionate legal representation that you deserve.
In a recent appellate opinion, the Illinois Court of Appeal considered a claim in which an injury bicyclist filed a claim with his mother’s auto insurance after being struck by a hit and run driver. The insurance company denied the claim on the basis that the son did not follow the requirements of the insurance policy. Specifically, it argued that the policy required someone injured by a hit-and-run driver to report the accident to the police within 24 hours to as soon as practicable. In this situation, the son did not notify the police until 11 days after the accident.
The son filed an action seeking declaratory relief, which is a type of action that asks the court to resolve a particular legal issue or dispute. The plaintiff and the insurer both filed motions for summary judgment. The lower court agreed with the insurer and granted its motion for summary judgment, thereby ending the legal dispute.