Insurance Didn't Pay And I Got Served

Posted: Fri Dec 07, 2007 09:09 am Post Subject:

Knock their door once again, this time if possible pay them a visit and tell them that you have received summon from the court. if this is not enough to wake them up, file a complain with your state's insurance department.

Thanks,
Jeremy

Posted: Fri Dec 07, 2007 10:34 am Post Subject:

Hi Lindell, please describe the details of the accident.

#Who was the party at fault?

#Was there any police case filed at that time?

#What discussion was there between you and the other party after the mishap?

Please guide the community to help you in a better way.

Rupert

Posted: Fri Dec 07, 2007 10:46 am Post Subject:

Rupert, I think you have forgotten to ask a very important question to the poster.
Which state are you from, Lindell?

Posted: Fri Dec 07, 2007 11:15 am Post Subject:

Good morning Lindell, and welcome...let's see what we can try and figure out....first please answer the questions previously ask...but most important of all...

now I'm getting a summons into court

my insurance still hasn't paid what they were supposed to

I've contacted my agent and the case worker a dozen time or more asking for information and after a while they stopped returning my calls

They say they haven't gotten all the information, which I personally sent myself,

I thought nine months ago this was water under the bridge.

What steps do I have to take to get the other driver's insurance paid?

I'm so stressed out from the mess that I can't even get myself straightened out.

Posted: Fri Dec 07, 2007 02:49 pm Post Subject:

I'm from Florida.
I'm to blame.
I have liability.
I had more damages then she did including injury.
I was told that, because I reported the claim and sent a copy of the accident report, there was nothing more for me to worry about and that it was all going to be handled immediately.
Her Insurance company is suing me.
I had been issued attorney letters way before hand that I faxed to my insurance company the day after I got them.
I was assured that I had done my part and that they were issuing a lawyer to settle with the other attorneys.

How long can an insurance company hold off from paying auto claims? It's been nearly a year since my accident and I've given them all the paperwork they said they needed.

Posted: Fri Dec 07, 2007 04:01 pm Post Subject:

This is not unusual... for Florida. Florida has a broken No-Fault system and it's current climate allows the No-Fault laws to be pretty much ignored.

It makes almost no sense that the other person's carrier has filed suit. Are you sure it's not the other person's attorney and that the suit is for an injury? This would make much more sense.

In any case, your carrier is required to provide you a defense and you are required to cooperate. You need to send the suit papers to your insurance company (not the agent) via _certified mail_. As long as your sending it certified, include a letter stating that you need to know the status of your claim asap and point out that your adjuster has not returned any of your phone calls.

If they have already assigned this to an attorney, it's not unusual that no one is speaking to you. It's not right... it just happens. The adjuster has given everything to their/your attorney. So the adjuster really not doing much of anything. The attorney is not contacting you as the adjuster has not been passing on the messages and they attorney knows exactly what he/she is doing so they don't need any further information from you at this time. But really, the adjuster _should_ be returning your calls. This is their error.

You can also ask to speak to the adjusters supervisor. If you don't hear back, keep going up the ladder each day. Each time you leave a message it's good to mention that you feel the need to file a complaint with the Dept of Financial Services. Trust me... carrier do _not_ want people to file these complaints. Enough of them and the DFS might pay them a visit, audit their files, and start handing out fines. If you feel you've given your carrier enough time, file a complaint with the DFS. You will get quick results.

Regardless of who filed the suit, the process is very slow. Florida also mandates mediation. So before anyone ever sees the inside of a court room, everyone will need to go to mediation. You would be informed of this.

If the other carrier filed suit for their property damage claim, this will be settled quickly. If the other person's attorney filed because of their client's injury, it will drag on and on. This is normal. Just make sure your carrier gets any and all paperwork that anyone sends to you.

Also, they need to tell you the name of their/_your_ attorney if they have one assigned. They are paying the attorneys bill but the attorney represents _you_, not them. So your certainly entitled to speak to the attorney.

Posted: Fri Dec 07, 2007 04:45 pm Post Subject:

I just found out from my claims representative that they had made an offer in November. They just haven't heard anything from the other insurance attorney. I'm a little frusterated because I still have to have a written repsonse within the 20 days. This time I'm not depending on my insurance to do their job. Still, they haven't told me if I'm going to be held liable for the court and attorney fees. I would assume they would pick up that tab too seeing as they took this long to deal with the situation.

Posted: Fri Dec 07, 2007 06:35 pm Post Subject:

Wow, what a mess, looks like you have alot of good information and guidance here. Goodluck with your situation.

Posted: Sat Dec 08, 2007 06:32 am Post Subject:

Yes, they pick up the tab for everything. They probably already know about you being served. They have to just file an answer within 20 days. No one is going to court for a long time and it's highly unlikely that you ever will. Just make sure your attorney knows you were served. That is all you have to do.

I'm being brief.... but this happens all the time. Nothing to be too concerned about.