by Guest » Sun Dec 05, 2010 10:36 am
I was in a motorcycle accident where a motorist failed to yield right of way while driving on an expire license. She was given two citations and 100% at fault and i have been negotiating with her insurance company's adjuster for 18 months. I get an email out of the blue stating that i have been assigned a new adjuster why would they change my adjuster any advise.
Posted: Sun Dec 05, 2010 01:09 pm Post Subject:
why would they change my adjuster any advise.
Most likely the old one left employment there. Could be the old one took a new job. Could be that they were short staffed hired another adjuster and they assigned old claims to the new person.Happens all of the time.
Posted: Sun Dec 05, 2010 09:57 pm Post Subject:
i have been negotiating with her insurance company's adjuster for 18 months
Why is your case taking so long to bring to a conclusion? You are getting dangerously close to the expiration of the statute of limitations for filing a legal action against the at fault party. If you wait too much longer, not only will the insurance company likely deny your claim, but you will be unable to sue the at fault party.
Posted: Mon Dec 06, 2010 05:28 am Post Subject:
I'd be interested to know the duration that's allowed as per the SOL towards filing a lawsuit. Won't they allow you a duration of 2 years for filing a lawsuit?
Posted: Mon Dec 06, 2010 09:36 am Post Subject:
Yes, most states now provide a 2-year statute of limitations (a few are longer). But it's always measured from the DATE OF LOSS, not the date a claim is denied. California only made the SOL two years about 6-8 years ago. That was in response to a number of insurance companies dragging claims out beyond the 12 months from date of loss, and then denying the claim after the point at which a lawsuit could be filed.
Posted: Mon Dec 13, 2010 06:04 pm Post Subject:
I live in georgia so SOL are 2 years. At fault drivers insurance company has all medical bills, records, lost wages and all other damages their insured caused which i got myself then sent to them. They keep asking for a signed medical release form for more medical records that do not exist, her policy limits were only $25000 which will not cover my lost wages. They tried to say i had pre existing wrist fracture which is no where in my medical records i feel they are stalling for SOL to run out want let that happen.
Posted: Tue Dec 14, 2010 12:16 am Post Subject:
i feel they are stalling for SOL to run out want let that happen.
If you have not signed the HIPAA release, then you may be the one stalling. If they want to see your entire medical history to evaluate your claim, you need to give them that permission.
If you're running up against the Statute of Limitations, then you'll also want to file a civil action against the AT FAULT party (not the insurance company) for your damages. That will force the insurance company to piss or get off the pot. But it will cost you additional money out of your own pocket to do that. If you are up against the policy limits, you'll probably have to suck that up, too.
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