Expert: Richard Hixenbaugh - 4/15/2009

Question
hi,
  i was struck by a drunk driver in january 2008.  the impact totaled my vehicle and caused injuries that caused me to miss 5 months of work while being treated.  over $30K in pt, neurosurgeons and pain management - no chiropractors.  i've written sever demand letters and received two lowball settlement offers, which don't even cover my lost wages.  now, the adjuster is taking several months to reply to my letters.  i filed a complaint with the state dept of insurance, and this prompted the 2nd low offer.  it's now been over a month since i replied to that letter and he has yet to respond.  my question is, do the insurance companies have an obligation to respond in a timely manner?  what, if any, are the standards for settling claims in a timely manner?  any suggestions, other than obtaining legal counsel?

thanks

Answer
Hi JS,

You have to understand that you are dealing with someone who is trained to delay, slow down, ignore and even deny your claims. the longer they drag things out and try to exhaust you, the more likely it is that you will accept their low ball offers. They have no interest in properly compensating you for your losses. Only in settling the claim for as little as possible.

In order to try to speed things up you should start sending any letters you send to them by certified mail/return receipt requested. In every letter you send you should end the letter stating that you expected their written response within 15 days. This will at least start allow you to have documented proof of when you sent letters, when they received them (return receipt)and you have given a date by which you expect a response. If you still get delays or no response, call the company and find out the name of the adjusters boss. Then start sending him or her letters telling them of your situation and the fact that their adjuster is non-responsive.

Some insurance companies just will not do the right thing not matter what you try to do. If they continue to delay their responses or continue to make rediculous low-ball offers, you may have no choice but to hire an attorney. If you do have to go that route you should interview several. You want to find a pit bull that will be willing to file suit. Stay away from the attorneys that advertise on TV or that have the biggest ads in the yellow pages.

I hope this helps
Richard Hixenbaugh