Is it true that the ins. company will settle?

by Frekals » Wed Jan 05, 2011 04:43 pm

I been told by an adjuster friend that 9 times out of 10 insurance companies settle out of court....is this true?

If I serve their statutory agent and they give the papers to their client will they in turn submit them to their insurance carrier or can they just go straight to court and defend themselves without involving the insurance carrier?
(the insurance carrier has already denied the claim)

Total Comments: 3

Posted: Wed Jan 05, 2011 11:57 pm Post Subject:

9 times out of 10 everyone being sued settled out of court. It saves money.

Posted: Thu Jan 06, 2011 02:22 am Post Subject:

9 times out of 10 would be 90% of time. I'd say that number is _way_ (though it takes two to settle so it's not the "insurance companies" settle... it's both parties).

I'd say 99.99% of cases are settled outside of court. Of those .01% where suit is filed I'd say a good 70% of those cases are settled prior to verdict.

f I serve their statutory agent and they give the papers to their client will they in turn submit them to their insurance carrier or can they just go straight to court and defend themselves without involving the insurance carrier?

I'm guessing you server a legal Complaint? if so, the insured could ignore them but if they did, their insurance would make every effort to stick their insured would any result. With almost certainly the insured will forward the paperwork to their carrier and, if needed, their carrier will file an Answer.

Posted: Mon Feb 07, 2011 01:52 am Post Subject:

The subcontractor was the one that is responsible but they had refused to give me their insurance information.



What it would seem you might want to due is send a certified letter to the sub-contractors that would turn over their insurance information. State in the letter that you are going to file suit if they do not respond to your claim. (Send them the information on the claim with the letter). Give them "x" number of days to respond. Copy the City/County/ General contractor. This may get them to respond or get the City/County/General contractor to force them to respond.

If they don't respond, I don't see any other action you can take but file suit.

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