Car Insurance Claim Agent refuses to pay WITH bodily injuries on record?
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Car Insurance Claim Agent refuses to pay WITH bodily injuries on record?
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I got in a car accident at the beginning of the month (I was rear-ended and the fault has already been accepted as the other party's). The passenger in the vehicle immediately had swelling on the neck (a huge, red knot that was really hot), so naturally, we both went to see a doctor, as I was incredibly sore and very dizzy. The doctor recommended that we take two days off (separate facilities mind you), and gave us both medication. I alerted both my own insurance and the other party's insurance that we had visited a doctor because of our uncomfortable state. I told them I was waiting to see if my health insurance would cover my own visit, as in most car accident's here in California, they will not and send it to the car insurance instead of the medical. On that same day, a letter was sent out to both myself and the passenger stating they would pay X amount for the car's repair and X amount for my own personal losses. I was fine with this and called to accept. When I did so, not only did the agent claim that I have NOTHING wrong with me because the accident wasn't really severe, but that I was lucky to get anything for the car repair itself (the check had already been mailed). The agent claimed that they had NEVER sent out the letter stating the X amount they were giving me for my personal losses and that I was lying to cheat them out of money. She offered me an incredibly LOW amount that was highly unreasonable and nowhere NEAR the amount stated on the letter she had personally signed and I stated I would feel better faxing her a copy of the letter she had sent me already because it was the fairer of the two. The agent went on to state that I should not have seen a doctor because there was NO need and that the fact I LISTENED to the doctor and took just one day off work was my own fault for, and I'm paraphrasing here, being a "wimp" because I was sore. She ended the conversation by stating she was suspending my claim because I was not cooperating with her and that if I decided to come to my senses she would CONSIDER about a 1/4 of the original X amount in the letter.
What can I legally do? I have tried contacting auto lawyers but of course this isn't an entirely serious claim and they stated it wouldn't be monetarily worth it. There HAS to be some law regarding the fact she sent me a letter already with an estimate and is refusing to acknowledge that. Is there anything I can do? This is not really about the money so much as just not being swindled by some shady auto insurance company.
Thank you. ANY advice is appreciated. I know its a long shot, but there's got to be SOMETHING. I'm planning on faxing the copy of the signed letter stating the amount she sent me as proof that she did, in fact, send me that letter with the X amount printed VERY clearly stating the insurance was going to compensate me.
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Cullen M
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Alyssa, I suggest you call a nearby auto insurance agent to assist you. Since I live in Vermont I can't recommend an agent in California, but here is an online resource that can help you. http://www.goodinternetdeals.com/Auto-Insurance.html
Good Luck! |
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lucy
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there is something here that does not make sense.
1st off, do not sign anything;;;;;;;;;;;;;
if the agent you are referring to is the claim adjuster and made offer in writing, then later denys or infers you are commiting fraud or something else, is something i never heard of;
call the insurance department today. see if you can file a complaint.
you may need to provide copy of the letter and state your objections. at that point, they have to provide an answer.
now you will need to clarify who made offer and who pulled back offer of lower amount. if this is a adjuster, then the insurance company will have to comply, but if this is an insurance agent, not a adjuster, may need to contact another agency for help.
also, since this the state of California, different rules/regulations may apply, so the reason for contacting the insurance department.
the fact that other lawyers wont handle, may mean you have to meet certain "thressholds" for an injury.
also; if you have auto and hopefully you do, contact your own insurance company for advice.
once you sign something, you are done and will have no other recourse. so get some advice 1st on your rights. |
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entidtil
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What should you do ? You should now do what you should have done in the beginning. You should have let YOUR own insurance handle the entire matter. That is what you bought insurance for. Use it ! |
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CwboyBill
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Here's what you do: stop dealing with HER. Call her manager and respectfully request another adjuster. Be polite, but don't budge. Deal directly with the manager if you have to -- and keep an open mind. It's very possible that you misunderstood something about the process and are jumping to conclusions. Insurers don't normally settle a B.I. until treatments are completed. |
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Kizzy
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Why are you not going through your own carrier? Something doesn't sound right here. First, I'd really like to know how much the damage was to your vehicle and the type of cars that were involved.
I work with Bodily Injury settlements here in Calif. and have never heard of another adjuster making remarks like you've stated.
I doubt the Dept. of Insurance would even involved in a 3rd party claim such as yours. There is no set formula for these types of settlements. An adjuster has to look at the entire scenario, that includes the impact to both vehicles.
Good Luck to you |
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regerugged
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You can contact your state's insurance department. File a bad faith complaint. Furnish anyone who wants to see it, a copy of your letter. Hold onto the original.
You can sue the other driver in small claims court if your total claim is under $7,000...including property damage.
Find out who is the claims manager for the other company. Contact him direct and send him a copy of your letter.
I am not sure about California. In other states there is no dollar limit on damages when an insurance company is guilty of bad faith. |
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