Illinois: Should You Accept the Insurer's First Offer?

Illinois has no bad faith tort at all — just a statutory remedy with its own specific formula, triggered by conduct that's genuinely vexatious and unreasonable.

Why the first number is rarely the real number

Insurance adjusters routinely open negotiations with a conservative figure, expecting a counteroffer. Accepting that first offer typically closes the claim permanently — there's generally no going back to ask for more later, even if additional injuries or costs surface afterward.

No common-law bad faith tort, just a statute

Illinois takes a genuinely different path here than many states. It has no traditional common-law bad faith tort at all. Instead, 215 ILCS 5/155 provides a purely statutory extracontractual remedy, available when an insurer's action or delay in an insurance dispute is found to be "vexatious and unreasonable."

A specific, capped formula

Where the standard is met, a court may award reasonable attorney's fees and other costs, plus an additional amount — capped at the lowest of three figures: 60% of what the court or jury finds the party entitled to recover, $60,000, or the excess of the recovery over whatever the company offered to pay before the lawsuit was filed. That third prong is a genuinely practical detail: it directly rewards a policyholder for having pushed the case past a lowball pre-suit offer.

A real standard, not automatic for any denial

Courts determine whether conduct is "vexatious and unreasonable" by looking at the totality of the circumstances, including the insurer's attitude throughout the claim. An ordinary, good-faith dispute over value generally isn't enough on its own — the remedy is aimed at genuine misconduct in how a claim was handled, not merely an insurer offering less than the policyholder wanted.

What this means practically

Because the third prong of the formula directly compares the final recovery against the pre-suit offer, documenting exactly what was offered and when is genuinely useful in Illinois, beyond simply building your own damages estimate. Comparing the insurer's offer against your own complete, well-documented tally of damages before responding is the practical step this framework rewards.

Accepting the first offer — frequently asked questions

Why is the insurer's first offer in Illinois usually low?

Insurance adjusters routinely open with a conservative figure, expecting negotiation. Accepting that first offer typically closes the claim permanently, with no ability to ask for more later even if additional injuries surface.

Does Illinois recognize a common-law tort of insurance bad faith?

No. Illinois does not have a traditional bad faith tort. Instead, it provides a purely statutory extracontractual remedy under 215 ILCS 5/155 when an insurer's action or delay is found to be vexatious and unreasonable.

What can a policyholder recover under Illinois's section 155?

Reasonable attorney's fees and other costs, plus an additional amount capped at the lowest of: 60% of what the court or jury finds the party entitled to recover, $60,000, or the excess of the recovery over what the company offered to pay before the lawsuit.

What does "vexatious and unreasonable" mean under Illinois law?

Courts determine this by looking at the totality of the circumstances, including the insurer's attitude. A simple dispute over value, without more, generally isn't enough to meet this standard.

What should you do before responding to a first offer in Illinois?

Compare it against a documented estimate of your full economic and non-economic damages before accepting or countering, since the offer closes the claim permanently once accepted.

This page provides general guidance only and is not legal advice. Figures are based on 215 ILCS 5/155, verified per our methodology. Whether a specific offer or insurer conduct meets the vexatious and unreasonable standard depends heavily on the facts. Confirm with a licensed Illinois attorney before acting.