AboutAnne Expertise Auto insurance claims regarding vehicle accidents, insurance coverages, auto policies, bodily injury claims, pain and suffering, injury settlements and negotiations.
Experience I am an adjuster for injury claims and property damage claims for over 5 years (still working there). I have worked for personal injury attorneys helping consumers get a fair treatment and I am passionate to help others with their vehicle accidents.
Education/Credentials B.A. Economics/ Political Science
Awards and Honors I was the top settling claims adjuster at the Insurance Company that I worked for.
I am the co writer of http://www.auto-insurance-claim-advice.com a website dedicated to help consumers document their auto claims and navigate the complex claim process.
Question Hello Anne.
I live in Oregon where I had a car accident on October 2006; I sent a demand letter asking for 200,000 due to a cervical herniation. About 10 days ago the insurance company call and tell me that they will pay the policy limit, which is 25,000, and I will receive a check after a week. 10 days have passed and I have not receive any check yet, so I call the insurance company again and the adjuster tell me; first he need me to sign a release before he can send me the check. So I have to wait another week to receive the letter and sign the release and then he will send the check. I do not know if the adjuster is telling me the true or he is trying to gain some time and to prolong the payment, because he know that I have only 2 years limit to file a law suit.
What should I do in this case?
Also what should I do if the adjuster wants me to sing the release, I think my case worth more than 25,000?
I know that I can go with my own insurance company and ask for underinsured motorist coverage (I have 100,000/300,000 in underinsured coverage); but I do not know what are the steps I must follow; please help.
It would be very helpful if you can provide me detailed answers.
Thank you for you time
Sincerely,
Lan
Answer Wow… You really need to talk to a lawyer. I am not kidding you.
Here is the issue:
Insurance companies will never give you the policy limits unless they know your case worth more than the limits. They will fight you to pay you less than the limit if they believe they can save money. Obviously, this is not your case.
They are giving you the limits in exchange your release. If you sign the release, you are giving up all your rights, including your Uninsured Bodily injury or Underinsured bodily injury claim. You can lose a lot, and I do not think you can afford to lose it all like this.
Giving a release is saying that you are satisfied with the $25,000. You cannot go after the person that caused the damage or your own insurance company.
The fact that the insurance company offers you the limits on the spot is strong indication that your claim is worth more. Also remember that $25,000 offer INCLUDES the medical bills, so it does not mean you get $25,000. You get $25,000 mines your medical expenses, which could be a lot.
To learn how to deal with a injury, check out this articles (make sure you are getting paid for everything you are owed).
Do check with a good local attorney. An attorney can tell you if you have a case action or if it is worth to peruse something else. With most attorney’s the first consultation is free anyway, so you lose nothing by asking. Talk to your family members to see if they know a good one.
