Unfair Claims Settlement Practices Act

Message Author
ampm-bookmark
delicious-small Add to delicious
yahoomyweb-small Add to YahooMyWeb
blinklist-small Add to BlinkList
PostPosted: Sat Jan 15, 2011 1:52 am   Post subject: Unfair Claims Settlement Practices Act  

How do I start the process do I need an attorney


_________________
Register Now to have your Insurance queries solved.
Guest







PostPosted: Sat Jan 15, 2011 9:42 pm   Post subject:   

This question is way to vague. You need to show damages. What are your damages as a result of the violation?

tcope
Forum Expert
Leave a quick message

tcope
Forum Expert

Joined: 22 Nov 2006
Posts: 5992

Location: Salt Lake City, UT
359.83 Dollars($)

PostPosted: Mon Jan 17, 2011 7:09 pm   Post subject:   

still in offer stage of settlement process. my med bills are $25, my car was totalled paid $23,

first offer from insurance company was $10k second offer was 10, 500. offers very low my

I think my 2 yr statue will be in september to file suit if no acceptable offer is accepted

do i continue to go back and forth and wait until a month before my statue of limitations is due to expire before I file suit if there offers still are not acceptable to me?

can I file a unfair settlement suit against them for dragging this out and requesting medical records that have nothing to do with my injuries caused by the accident and finally their offers being so low?

can I have separate lawyer for each suit?


_________________
Register Now to have your Insurance queries solved.
anonymous2
Guest







PostPosted: Mon Jan 17, 2011 7:54 pm   Post subject:   

Sounds like a 3rd party claim (not your insurance company). If this is the case then an Unfair Claims Act does not apply. The other carrier is under no obligation to offer you anything.



If your meds are $25,000 and the offer was $10,000 then this tells me that either there was a pre-exiting condition, they think you over treated or some PIP or Med Pay was involved.



You only need to file suit before the SOL runs. How long you want to wait is up to you.



Separate lawyer for each suit? There should only be one suit. Why would there be more then one? You could have 10 attorneys all on the same suit... but then you'd pay every last penny to them so what is the point. Keep that in mind... your attorneys fees are paid by you.

tcope
Forum Expert
Leave a quick message

tcope
Forum Expert

Joined: 22 Nov 2006
Posts: 5992

Location: Salt Lake City, UT
359.83 Dollars($)

PostPosted: Tue Jan 18, 2011 3:13 am   Post subject:   

no pre-existing condition they looked for one though. I am a diabetic however i had a fractured arm.

thanks i better understand the unfair claims act now.

just got to play the wait game and/or file suit to take my claim to court


_________________
Register Now to have your Insurance queries solved.
anonymous2
Guest







PostPosted: Wed Jan 19, 2011 1:15 am   Post subject:   

Quote:
just got to play the wait game




Not really. You can press your claim on a daily/weekly basis until they get so tired of hearing from you that they change their attitude. You can search through other threads where we've taken claimants to task for sitting around for months, taking no action at all on their own behalf, and then wondering if they should now go get an attorney to fight their battle.



The old proverb, "The squeaky wheel gets the grease," carries a certain amount of cache with most insurance companies' claims departments, where out of sight, out of mind is often the attitude they take.



I can tell you this . . . negotiating a relatively small claim such as this on your own will be far more beneficial to you in the long run. (1) You won't turn over 30%-40% of your settlement to some attorney who did little to earn it (since small claims such as this rarely ever go to trial in civil court -- anything with less than 5 zeroes in the payment is small to an insurance company; sometimes anything with less than two commas in the amount is small), and (2) you'll get an eye-opening, "on the job" education in how to work an insurance claim that most insurance agents and attorneys never get. You won't ever allow yourself to be abused by an insurance company in any other claims situation in the future.



Be proactive, not reactive. Offense, not defense.


_________________

CA-licensed Life & Disability Analyst. CA Insurance Lic #0596197. Also investigating insurance company abuses, and providing litigation support/expert witness services. Send me your questions, and I'll send you my answers.
MaxHerr
Forum Expert
Leave a quick message

MaxHerr
Forum Expert

Joined: 29 Nov 2009
Posts: 7331
Highets Points
Location: Pomona CA
60.59 Dollars($)

All times are GMT
Page 1 of 1


Get free auto insurance quote
State Auto Insurance Laws in USA

USA Auto Insurance laws
Ask Community Experts

flash plugin

Quick Links

Must See

Community

Hot topics in forums

Latest in blogs

AmPmInsure on Facebook



Page loaded in 3.974 seconds.