Expert: Anne - 6/19/2008

Question
I was rear-ended a year ago by a company truck. The police came and gave the other driver the ticket and the party accepted responsibility. For the past one year I was getting treatment for my severe low back and arm/shoulder pain. I went through all the tests and MRI/CT-Scan... Presently going through physical therapy. I am in Minnesota and since its no-fault, my auto insurance paid all my medical bills. The other insurance gave me a fair value for my totalled car.
My medical bills are close to $6500. Couple weeks ago, adjuster called me asking me if I wanted to settle and I said yes. When asked how much I woud like to settle, I said 30K (knowing that they would come down substantially).
However I did not hear from adjuster after that and yesterday when I called to check, the adjuster said the amount was way too much and since I have 6 years to settle the claim there is no need to rush and we can settle down the road...(in the next 6 years)....

I am stumped... What do I do?.

Thanks for the great forum.
-Sam

Answer
Hello Sam,

WOW. Very wrong. Very unethical adjuster. Be aware... Although the statute of limitation might be 6 years (you need to check this), the insurance company cannot drag their feet to settle with you.

If you are showing a willingness to settle, they have to start negotiations. There is no rush for them because it is not their pain and suffering and the longer they make you wait, the better settlement they can get.

At this point you can contact the office of the insurance commissioner and/department of insurance an report them.

This is a consumer protection issue. They need to “try” to settle with you, even by sending you a letter telling you that your amount is too much and for x and y reasons, they believe you claim is only worth X.

For more information on how to deal your injury claim (tips, what to say, etc). visit:

http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html

You need to contact an attorney also. I know the cost can be harsh, but you are dealing with a questionable insurance company.  

Good Luck with your claim settlement.

Anne
http://www.SpokaneLegalHelp.com