by Guest » Sat Jun 30, 2012 11:40 pm
So I jus spoke with my lawyer and he told me that the insurance adjuster finally got back to him after 3 months and they offered to give 75% of what we are asking for. So he sent a letter demanding the give the full amount or else he's going to sue for the full amount and punitive damages. How long is it gonna take for the ins adjuster to respon? Also what punitive damages can he seek?
I do know that back in the beginninng of march he put sent the packet over to the insurance adjuster but we didn't hear from them until june. Come to find out the adjuster left without finishing his work so someone ended up with my case which was left alone for 3 months.
I also was involved in a car accident where I was severely injured. After 2 years im still recovering. I was a passenger in the car not the driver.
I do know that back in the beginninng of march he put sent the packet over to the insurance adjuster but we didn't hear from them until june. Come to find out the adjuster left without finishing his work so someone ended up with my case which was left alone for 3 months.
I also was involved in a car accident where I was severely injured. After 2 years im still recovering. I was a passenger in the car not the driver.
Posted: Sun Jul 01, 2012 06:29 am Post Subject:
How long is it gonna take for the ins adjuster to respon
Really up to the adjuster. There is no requirement to respond at all.
Unless the attorney is asking for the policy limits and that is a reasonable amount, the insurance adjuster is usually not going to pay the attorneys initial demand.
Also what punitive damages can he seek?
There would need to be some gross negligence involved. That is nothing more then an attorney posturing.... beating his chest. I never pay any attention to it.
If the attorney files suit then his fee from you goes from 33% to 40% plus expenses.
Posted: Mon Jul 02, 2012 12:58 pm Post Subject:
what punitive damages can he seek?
Punitive damages are only available when a "breach of contract" has occurred. While your claim may not be progressing as quickly as you would prefer, and while that may be a problem between the insurance company and the state's Dept of Insurance, unless you can prove that they acted maliciously toward you, you won't be awarded punitive damages. If an employee (the original adjuster) leaves the company, there can be some additional delays as work is redistributed to other adjusters -- who have their own work to be concerned about, too.
Additionally, some attorneys will tell you anything to cover their own ineptitude. Are you certain the attorney sent "the packet" in March as you write?
they offered to give 75% of what we are asking for.
Statements like this are meaningless to us. Maybe "75% of what we are asking for" is 100% of what you are actually entitled to receive. If that's true, you are not entitled to one penny more.
I also was involved in a car accident where I was severely injured. After 2 years im still recovering. I was a passenger in the car not the driver.
And what does this have to do with your current question? [It may actually complicate your situation.]
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