Car insurance claim agent refuses to pay with bodily injuries on the record?
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Car insurance claim agent refuses to pay with bodily injuries on the 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 my vehicle immediately had swelling on the neck (a huge, red knot that was really hot) and felt very sore, 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. About a week later, a letter was sent out to both myself and the passenger from the other party's insurance company 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.
Additional Details
This question details communication with the other party's insurance. However, when I called my insurance company, they stated they cannot legally talk to the other insurance company. I have All State. They stated it had something to do with being California. Is this true? They told me it was up to me to deal with this.
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Ziggy
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Screw em all, Hire a lawyer!!!!!! It is in fact the insurance reps job to scare & intimidate you into accepting as little as possible. as for you cooperating, you dont have to, infact you SHOULDNT! you would be cooperating with a someone whose interest is NOT being fair. The best thing you can do is call a lawyer NOW, and dont agree to anything until you do.
EDIT: you can take them to small claims court without a lawyer, but there is a $5000 max. if your med bills are more than that, small claims wont cover it. |
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tonalc2
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Was this your insurance company or the other party's? If yours, call back and speak to the supervisor. If there is no relief there, drop the phrase "Insurance Commissioner." They hate that. And follow through with notifying him if necessary.
If it's the other party's company, it's pretty much their style to intimidate and hassle you. You should not be speaking with them directly; it's your insurance company's job to do that. |
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trai
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Nonsensical. If insurance companies can't talk to each other, how can claims be settled? They can't all go to court. It would take ten years for them to get to your case. Yeah, I'd be callin' Allstate and getting some clear answers from a supervisor.
If it comes down to it, you and your passenger can each sue the driver at fault in small claims court for your medical. You don't need a lawyer.
Good luck.
BTW, for future reference, NEVER talk to the other guy's insurance company. :) |
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