Expert: Bennie719 - 2/28/2008

Question
Hello again, Bennie,

I didn't get the option of asking this as a follow-up question, so I apologize that it is a new thread.

I am still negotiating with the adjuster, but it looks like we're going to reach an agreement by tomorrow.  As I mentioned in my original question, the statute of limitations runs out on my claim in less than a month.  (My case has unusual circumstances, and they are why it is being settled this close to the deadline.)

As we finalize the negotiations, I intend to insist on receiving a faxed and mailed letter of the offer and a written promise that I will receive the settlement check before the statute of limitations runs out.  I have had an excellent relationship with the adjuster, but I realize that she will not be cutting the check or most likely even sending the release document.

Does this seem reasonable, and is it likely that the adjuster or her supervisor would have the authority or be willing to make such a guarantee?

Is there anything that you can think of that I should ask or be assured of in this final phase of the process?

I appreciate your quick and polite responses and am eager to know your opinion on this.  Thanks so much!


Answer
Hi Eleanore,
You are correct in assuming that most field adjusters do not have authority to write such a large check and it will have to be written by someone else higher in the company.  It is also possible that she has kept the company fully informed and they have given her the proper authority to write a check for this case.
If not, the adjuster should be able to prepare and have you sign a settlement agreement with the conditions that the check will follow within 10 days and give you a copy of that document.  In my opinion, this would be legal and binding on the company.
Sincerely,
Bennie