by son03cn » Fri Dec 10, 2010 01:53 pm
I'm a victim of an auto accident of multiple vehicles and according to the claim adjuster, she needed time to investigate the problem because there is a coverage issue that the policy holder has. The insurance that I filed against is M.I.A.F and I have been delayed for 1 whole month. I also have a police report so does M.A.I.F but the last time I speak with the adjuster, she added another vehicle to the claim and saying that she needed to find out the repair cost for that vehicle. I believe that the adjuster is being dishonest and is intentionally delay my claim. what are my options? and what should I do?
Posted: Fri Dec 10, 2010 06:57 pm Post Subject:
and what should I do?
First, I think you should find out more specifically what the issue is. If you were to ask I'm betting that it's a policy limits issue.Here is what that means... the other's person's policy limits might not be enough to address all of the property damage caused in the accident. The other person's adjuster is _obligated by law_ to do they best she can to settle all losses within their insured's policy limits. Let's say that the other person only has $5,000 in property damage coverage. If the adjuster were to settle one person's claim for $3000 and then another's for $2000 that would leave no more money for the insurance to pay. Now... you come along and present your $3000 claim. What are you going to do when the insurance company tells you that they have no money left... and to have a nice day? Most people would file suit against the party that caused the loss (rightfully so). Well, the other person's carrier is then guilty of something called bad faith. They did not make a good effort to settle _all_ claims. What their insured will argue is if they had waited to know what everyone's loss was, pro-rated each claim and then offered each a good percentage of their loss that those people probably would have accepted what they could get and not filed suit. If the insurance company acts in bad faith then their insured can seek recovery for more then the policy limits. But all of that might be TMI... it's enough to know that the other insurance company needs to make every attempt possible to settle the _entire_ loss for within the policy limits. As such, they can't settle _any_ portion of the loss until they know what the _entire_ loss is going to be.
This is certainly going to cause a delay... and it can be weeks, perhaps a little longer then a month. Some of those people will file with their own carrier (which I'd recommend you do if you have collision coverage). Those carriers will need to settle their insured's loss and only then, once everyone is done, will the total amount be known.
There is certainly a possibility that you may not be offered the entire amount of your loss. It depends on the total amount of this claim and the person's policy limits. You might be paid 100%... you might be paid $95%... you might be paid less.
Is the adjuster being dishonest? Nope... not in the least! They are following state laws and doing everything correctly.
This is one reason why people should consider carrying collision coverage... to protect your own interest.
Posted: Mon Dec 13, 2010 10:09 am Post Subject:
thank you for your response, I guess there is nothing I could possibly do to speed up this process other than waiting
Posted: Mon Dec 13, 2010 03:49 pm Post Subject:
I believe that the adjuster is being dishonest and is intentionally delay my claim. what are my options? and what should I do?
You haven't mentioned how much time has passed. If you believe that there is some sort of deliberate foot-dragging going on, you can always file a complaint with your state's Dept of Insurance.
But if this is only a couple of weeks old, then you need to give the adjuster a reasonable amount of time to work on this. If multiple vehicles/claims are involved, as tcope has said, it could take several weeks to more than a month to get everything sorted out and organized. Especially if the claims are going to exceed the amount of available coverage. Everyone may get a portion of their losses paid, or some may not get any portion of their loss paid. It's up to the adjuster to determine the best resolution to all the claims, and then the claims dept of the insurance company will have its own say.
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