Expert: Doctor Settlement - 7/14/2006

Question
I was in a recent accident where the other party received a citation for the accident and being uninsured. The car he was driving was his friend's and was insured by a company that is underwritten, Phoenix Indeminity(?) by American Hallmark. This company has been very difficult to deal with, they don't return my calls and question the accident was my fault even though there was a police report.

The driver and owner are non-English speakers so this is making matters very difficult because they never answer the phone to get statements.

What can I do to speed up the process, and have their insurance pay for my deductible and rental?

Herlinda

Answer

Dear Herlinda,

I presume that the insurance company is having problems with their insureds because it is THEY (the insurance company) that is unable to get a statement from the tortfeasors.  

At least that is what I make from your question, since YOU would have no business contacting them.  Next time some politician or news outlet touts how great it is to have all these different languages spoken in our country, why don't you cite this as an example of what a hassle it truly is when people do not assimilate.  

There are two things to do.  First is to contact your state insurance commissioner http://www.settlementcentral.com/links.php

Ask about the time allowed to respond to your communications.  If appropriate, give the adjuster's supervisor notice of intent to file a complaint and THAT will get the claim moving.

The only other sure way is to file a lawsuit.  If the damage is below the limits of your local small claims court, then pay the $50 and get the case filed and served.  No attorneys can appear in small claims court, so that will also bring quick relief for you.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
Http://www.SettlementCentral.Com