by Guest » Fri Mar 14, 2008 06:20 am
If I ever face a claims related problem & is on the verge of complaining against my insurance carrier, who do I go at first? Do I go to the state body of insurance? Or do I seek the help of an attorney?
Posted: Sat Mar 15, 2008 12:43 pm Post Subject:
MBTexas,
You typed:
I had a friend who was an adjuster and he had one complaint. When the complaint was made, TDI came in and scrutinized everything from making sure his license was properly displayed, how his files were kept up and his discussion logs he had with this customer. They looked for anything to hold against him.
I feel an attorney would be your last resort. What I've seen too many times is an attorney getting involved in a property damage only claim and his fees are paid out of the settlement, leaving even less money topay for your damages.
I've also seen claims really get dragged out when an attorney gets involved because the claims handler starts handling it by every letter of the law and the timeline the state requires.
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Based on my personal experiences and not to be read as criticism.
By what you state in the first paragraph it would appear the DOI was more interested in collecting some "Random Taxes" (aka - fines & penalties) than in resolving a customer complaint.
By what you state in the second paragraph that might not be true. Getting 70 to 80 percent of *something* is better than getting 100 percent of nothing from an *denial* of the claim.
By what you state in the third paragraph it would appear your blaming the Lawyer for the unfair claims practices of an insurer?? (also I think delayed *timelines* are allowed not required) Have you read or heard of McKinsey and Co. ? If not I can post a few articles for you to read.
FK,
Posted: Sun Mar 16, 2008 04:31 am Post Subject:
By what you state in the first paragraph it would appear the DOI was more interested in collecting some "Random Taxes" (aka - fines & penalties) than in resolving a customer complaint.
What I meant by this scenario is, they do follow up all complaints AND make sure the adjuster is following all the rules imposed on them by the state. They take complaints seriously.
By what you state in the second paragraph that might not be true. Getting 70 to 80 percent of *something* is better than getting 100 percent of nothing from an *denial* of the claim.
True, that is why I did include consulting an attorney as a step I would take. But, I feel before I give up 30% of the cost to repair my car, I'm going to exhaust all the free opportunities I'm entitled to.
By what you state in the third paragraph it would appear your blaming the Lawyer for the unfair claims practices of an insurer?? (also I think delayed *timelines* are allowed not required) Have you read or heard of McKinsey and Co. ? If not I can post a few articles for you to read.
By no means do I blame the attorney for the way the claims adjuster handles the claim. As Lori mentioned previously, when an attorney enters the claims process, everything stops and takes a different course of action. This delay is created by the claims department of the insurance company, not the attorney. But, the claim process is handled differently when an attorney gets involved.
I understand my remarks, if viewed from an attorney's point of view, would look as though I would recommend not using an attorney, but that's far from the truth. I've had experiences where someone had already hired an attorney before even filing the claim, then get mad when noone from the insurance company will talk to them. There is a process in which a claim can be resolved in a fair and prompt fashion. I feel an attorney should only be brought into the picture if all the customary means of resolving a claim have been exhausted.
Posted: Sun Mar 16, 2008 11:39 am Post Subject:
I'll openly say that atty rep'd claims take longer to settle.......When an attorney is involved the rep can no longer have ANY direct contact with the party they represent....it all has to go thru the attorney...so I have to call the attorney and ask him/her to call me back to ask a question request something...don't know that in all my years I've ever got a return call the same day, and more times than not I have to call them again...Or send a medical authorization (to the attorney) then wait six weeks to get it back...how is that the adjusters fault? You'd be surprised the number of atty rep'd people that will call me in an attempt to get information on the progress of their claim because they can't get ahold of their own attorney...All I can tell them is 'well, i sent them some forms I need signed before I can move on that issue and that was six weeks ago, you should talk to your attorney about that'...I know attorneys are busy....and I further know that all attorneys do not operate in this manner, but I also know from my experience this has been the rule rather than the exception. So to my way of thinking, in all but a very very very rare case, atty rep'd claims take much much longer to settle...sometimes though there is nothing wrong with that, and it is a very good thing (for their client)...there is also the occurance with a claimant, that I am thrilled to death to hear they are attorney rep'd... :roll:
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