How to Litigate an Insurance Claim in Illinois

1). Determine what court has jurisdiction over the claim. As a rule, the location of the accident or incident that gave rise to the claim will decide where the lawsuit must be filed.
2). Confirm that the statute of limitation has not passed. For most personal injury accidents, the statute of limitations in Illinois is two years. Property damage claims must be filed within five years.
3). Locate the correct defendant. In most personal injury or property damage cases, you must actually sue the person who was negligent or whom you feel caused the accident or damage. The insurance company will then intervene in his defense as required by the terms of his coverage, but will not generally be an official party to the lawsuit.
4). Prepare the complaint and summons. If the monetary damages sought are less than $10,000, the claim may be filed in small claims court. Forms for small claims court are available from the Southern Illinois University School of Law website. (see Resources) If the claim cannot be filed in small claims court consult an attorney for preparation of the forms.
5). Gather any documentary or physical evidence that you believe will help litigate your case. You should also coordinate with any witnesses to make sure they can be at the trial.
6). Appear on the date and time set by the court for the trial. Present your case, including all relevant evidence and testimony.