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 Posted: Sun Mar 30, 2008 3:28 pm Post subject: |
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I wont be able to talk to again until tuesday. She is out of her office on monday. Meanwhile Could you give me a range of what my claim is worth? Soon after they get the complaint from doi, i know they will make an offer. What is a good range?
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Gb again
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| Posted: Mon Mar 31, 2008 5:23 am Post subject: |
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Gb,
I went back and re-read all of your posts from the past few months. One thing I never read was that they accepted liability. Have they ever told you they except liability? Have you had this conversation with them? Thinking about a settlement may be putting the cart in front of the horse. Looking back, this claim was not submitted until 7 months after the claimed accident (according to you it was due to the landlord). Were there any witnesses? Claims reported 7 months after the fact (depending on what your landlord told them) can be difficult. Did the landlord admit that the pipe was there to his insurance company? When was the porch damaged to expose the pipe - the day before or a week before? How long have you lived there? How many times do you pass by this pipe/porch per day/week. Is this the main entrance to your residence? Was the pipe out in the open where someone should have seen it? Has someone else tripped on the pipe? Has anyone complained about the pipe prior to your accident? Complained to who? You? Landlord?.....
There are a lot of questions that need to be answered prior to them accepting liability. Maybe they have asked them to you already and you just didn't post that part. Maybe your landlord said you were making things up and that the porch was okay. Maybe the landlord told them that you reported it to him 7 months after the fact. Like I said, late reported claims can be difficult if the landlord was not honest or if something does not add up. The adjuster has to put all the pieces together to see if the claim adds up.
If they have not accepted liability at this time, the DOI may just get them to speed up a denial, or at least send you a form letter letting you know they are still investigating. The DOI can not and will not determine liability. |
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Dasfuk
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| Posted: Mon Mar 31, 2008 10:33 am Post subject: |
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| Quote: | | Meanwhile Could you give me a range of what my claim is worth? |
No we can't really do that here, a person would need to review all the medical records, and the claim....do you know how much you have in actual expenses? All medical, loss of wage etc?
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Lori
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| Posted: Mon Mar 31, 2008 2:38 pm Post subject: |
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Hi. Dasfux. They havent said anything about liability as of yet. My landlord maybe admit the pipe was there who knows. Thats my it good to have pictures. They dont lie they just snaps what in front of them. And the insurance co have these pics. I lived here for years. That is the main entrance but the pipe isnt noticable. I noticed it after the fall. The landlord is responible to do periodically checks to the apartment and do proper steps to make the place safe. The whold porch is unstable do he care and fix it..... no. It s a violation as well. He keeps the whole apartment in very harzardous ways. If he could fix the pipe/porch he should of flagged it. He had 2 duties by law on by ny tenant and landlord law and the porch violation of how he must keep it. And he breach both of them. That is negligence. Ex. If im driving down the road speed limit is 35 by law and im doing 45 and cause an accident im negligence because i didnt do what was required by law and in result of that i caused an accident.
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| Posted: Mon Mar 31, 2008 2:51 pm Post subject: |
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Sorry for second post. Once again the landlord can say im making things up but pics dont lie. And he can say i just reported the accident 7months later but he respond to my lawyers letter that was sent to him a few days after the accident. i dont have them anymore not bc i didnt have a good case or the case merits. So he can lie if he wants that his problem he will just look dumb when he get proved wrong. Everything adds up on my end. i think liability is clear and he was negligence. And i dont think they are dealing with the claim right. So i will doi investigate to make sure they are. They want to deny im ready for court. I can wait a year or 2.
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| Posted: Mon Mar 31, 2008 5:07 pm Post subject: |
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I forgot to mention. Landlords owe their highest duty to keep things safe to/for the tenants.
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| Posted: Mon Mar 31, 2008 9:19 pm Post subject: |
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Wait a minute here GB, | Quote: | | but he respond to my lawyers |
YOU shouldn't be talking to ANYONE at the Ins company AT ALL!!! If you have retained an attorney...never ever ever! that is what you are paying the attorney for, and your attorney is going to have a fit if they find out you've been talking to anyone there! Please if you are represented stop it! You are compromising your claim! Call your attorney with these questions but never the carrier...
Also I thought liability had been determined....if not then they are not in any position to talk to you or your attorney yet anyway..
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Lori
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| Posted: Mon Mar 31, 2008 9:42 pm Post subject: |
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Gb,
Lori's right, determining what your claim is worth is impossible without looking at all of the information. All I can say is that it is worth what you feel its worth. Say they come back to you and accept liability and offer you 20K. If you feel that is fair you accept it, if not then you have to decide what you think is fair. Since you are handling this yourself, you have to look at what your out of pocket has been since the accident (anything above and beyond your normal costs), you also have to look at what the injury may cost you in the future. Only you can supply this information and only you can decide what your claim is worth.
I meant no offense by my prior post and sure it is good that you have pictures. Does that mean that there is clear liability.... No. I'm just trying to show you what they could be looking at. Who is to say this pipe wasn't exposed just the day before your accident. What is a reasonable time to have it repaired? They are also going to question how you did not see this pipe if you tripped on it, being that this is the main entrance to your building that you have lived at for years. |
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Dasfuk
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| Posted: Mon Mar 31, 2008 9:44 pm Post subject: |
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Lori-
They no longer have an attorney. I read it somewhere in one of their posts. |
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Dasfuk
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| Posted: Tue Apr 01, 2008 10:28 am Post subject: |
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| Quote: | Lori-
They no longer have an attorney. I read it somewhere in one of their posts. |
thanks dasfuk, this claim is spread all over the place, i must've missed that one...perhaps they should get that attorney back....on this one...
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Lori
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| Posted: Tue Apr 01, 2008 6:45 pm Post subject: |
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Hi. Lori. Why do you think i should get back that atty? I couldnt reach that lady adjuster. But they have recieved the complaint i filed. I dont think they will try to play anymore games. Let see what she or her supervisor have to say now. I really didnt want to file a complaint. I dont like doing that. But if that is the only way i can get some cooperation i will.
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| Posted: Tue Apr 01, 2008 8:18 pm Post subject: |
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Gb,
At this point you might as well wait and see how they respond to your claim. Since it has been a couple months, you might want to have the first 6 digits of an attorney dialed so you can hit the last one if you get a denial. I really see this one going that route since it has been a couple months. As an independent adjuster, I normally found the longer the wait the more times it came back as a denial. I assume they are getting their ducks in a row to make a denial. Who knows I could be wrong and they are just evaluating your claim. |
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Dasfuk
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| Posted: Tue Apr 01, 2008 9:17 pm Post subject: |
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But they need a reason to deny the claim. Right? Im not giving them a fraudulent claim. I have permanent nerve damage to my hand and wrist. This is not me saying it. Its proved by an emg. Im just want to be compensated fairly. They have everything. Should they have accept liability by now if they were? I even gave them prior records. I see working with insurance co doesnt work. 
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| Posted: Wed Apr 02, 2008 3:27 am Post subject: |
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Sure they need a reason to deny liability and no, I doubt they are questioning that you are injured. But just because you are injured on someone's property does not automatically make them negligent and responsible for your injuries. Just because the apartment complex or building is not well kept or has other hazardous conditions does not make them negligent for this particular incident. They can't dispute that there is an injury, but they can dispute that their insured was negligent.
They can dispute when you took the photos or even if they are photos of the actual scene of the accident. They can claim you should have seen the pipe since you lived at the property and most likely passed by this area numerous times a day. They can dispute that you never tripped on the pipe and got injured somewhere else. Their insured may have stated that the porch broke the day before you were injured and they were only aware of it the day you were injured when they came to inspect the property. (This would be a question of what is reasonable for notice of the problem.) These are questions (plus others) that could be raised and are more difficult to determine 7 months after the fact.
The questions that they most likely have above coupled with the almost 3 month delay in response since the claim was submitted would lead me to believe that they could deny liability on behalf of their insured. |
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Dasfuk
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| Posted: Wed Apr 02, 2008 10:18 am Post subject: |
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I agree with Dasfuk, also a reason they 'cannot' evaluate your injury, is either that their investigation isn't complete or they are on the brink of denial...They will not even look at your injury if they haven't or won't accept liablity for your injury...Could be many reasons they haven't completed the investigation, one being lack of cooperation on their insured's part...
Have you received any letters at all saying that they need additional time to investigate, or when they think their investigation will be completed and liablity determined? See there is no sense or reason to even discuss your injury until that has occured (acceptance or denial)..
The reason I think you may need to contact your attorney again, is that apparently you cannot get any information from this adjuster or her supervisor...Personally if it's been three months since the claim was reported (is that right?)....I'd give them one more call then I'd see an attorney...three months is more than enough time to accept or deny your claim.
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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