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shep | Insurance not responsive? time to get a lawyer? |
my roommate and i were robbed about three months ago. they took several thousand dollars worth of things. we called the police and filled out a report. luckily we also had renters' insurance so we filed a claim. we dont have receipts for the majority of the claim but we do have manuals, pictures, other forms of evidence for the items missing. i took at least a week compiling this information into a very thorough package for the insurance hoping to speed it up. since then, i have talked to the agent on the claim but have gotten nowhere with her. everytime i call she comes up with a new excuse of why it hasnt been finished. every week she says it will be done by the end of the day/week/whatever but it never is. it has been about a month of this. up to this point i have been respectful and patient with them because it didnt make sense to get mad but at this point i feel it is getting quite excessive. my question is this: is it time to get a lawyer involved? anything better i can do?
Additional Details
i can offer an update now. it is hopeful. i called today and (while the adjustor was out of the office) a rep told me that the status has changed to "pending manager approval". hopefully this works out well. i am crossing my fingers though considering how it has gone so far...i must thank all of you for your very helpful answers though. this is the 1st time ive used this service and it was the response was GREAT! thank you so much! if it doesnt get settled soon ill know exactly where to go :-) |
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Kimche_Spicy
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mbrcatz has given you the best advice on managing your claim. Each State has rules and regulations on when claims should be settled in a "timely" manner unless the insurance company is able to prove reasonable cause for delay.
You should have been given the claims adjuster's contact number to settle directly with them. Agent's are not licensed to Adjust Claims. Only Claims Adusters.. The scope of an agent's involvement may to determine cause of claim delay and to help mediate any misunderstandings between you and the claims adjuster to help clarify to you that you may not have complied to a certain "hurdle" requirement.
Also, if you did not have the feature Replacement Cost Contents on the policy, then things are Actual Cash Value adjusted (depreciated) vs. Fair Market Value (replacement) which both take time to establish values. Pay out will not exceed the amount of insurance limit reflected in Personal Property / Contents. Please realize, jewelry, cash, and other collectible objects may be subject to a maximum limit pay-out and not necessarily replacement value pay-out due to theft. Consult your policy pages for Maximum limits in Limted Personal Property Coverage section which outlines those figures for theft occurrence
i.e. I have a policy that pays out lump sum for stolen jewelry $1,000 and cash $200. So my claimant who lost approx. $10k cash and $28k jewelry received $1,200 as his claim recovery. It was not a good pay day for him. For the record, he was given the limits of coverage verbally from me as I knew his living style and wealth. |
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Ken
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First, sadly to say, a 30 day wait for a claim like this to be processed is not at all unusual. Many companies take much longer. I would not escalate to a lawyer. Remember those guys/gals take a pretty good percentage of your recovery anyway so it should be a last resort. My experience is that a high emotional price is also paid when you get involved in a lawsuit from the depositions, cross examination, documentation, etc. An effective step I would suggest at this point is to write a letter to your state insurance department. Just google for example, Ohio Insurance Department. Address your letter to the Insurance Commissioner. Having worked in insurance companies all my life, I know the special attention that this generates. They will followup for you and get a reply. In the meantime, keep contacting your agent for updates and document everything you do in case it is needed later. Good luck. |
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rgchappell
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Now that you've filed your claim and have a claim number you should be dealing directly with the company and not the agent. So with claim number in hand, call the company to find out what stage your claim is in. Remember, the larger the company the more claims they have to deal with and since it's only been three months (not a long time by insurance company standards) you should remember that part of that period likely fell during the holidays. That said, by now they should have assigned a claim representative - most likely the person who will take your claim to its conclusion. This will be the person you should deal with.
You don't need a lawyer at this point but if they are totally non responsive after another couple of months I would send them a certified letter (return receipt requested) and demand to know the status of your claim. Put a manditory reply date in your letter, say 30 days. Also, copy your agent and the Better Business Bureau in your area (certified not required unless you just want to spend the money). You should send a cover letter of explanation with the BBB copy and ask for their help. You will surely get a reply from the BBB which may or may not be helpful. Once that dust has cleared, say 30 days, and you are still stuck send another certified letter to the insurance company, Attention: your claim representative, and threaten legal action if they do not respond to you by X date (I would give them 10 days this time). It may or may not work. Once your back is to the wall the next step will be to hire a lawer. As you probably already know, they don't come cheap. My personal opinion is that the insurance company will eventually come around. But if they remain totally non-responsive the BBB will most likely provide the best help. If the BBB is unable, or unwilling, to assist you perhaps a letter from your attorney to the insurance company will bring the matter to closure. To sue or not to sue: If you get that far let your attorney guide you. |
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tan0301
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get a lawyer and you are out more money.. of course it may come to that though. My agent doesn't work on the claims, he just submits them and waits. I have a number I can call and actually talk to the person who is working on the claim. That way if there is a problem, I can resolve it. You need to see if there is someone else you can contact. If you are unhappy with your agent, there is always someone over her you can talk to. Keep the lawyer as the last resort.. It may come to that in the end, but try every other option first. |
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mbrcatz
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Why are you talking to the agent, and not the adjuster? Clearly, you need a new agent, but the ADJUSTER is the person you should be talking to. If you ARE talking to teh adjuster, time to talk to the agent first.
Before you hire a lawyer, for $200 an hour (which will NOT be covered), you should file a complaint with your state insurance commissioner. |
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heyteach
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I believe you mean you've spoken to an adjustor, not an agent. I think the first step is to call YOUR agent. Let him earn his commission--he's got more pull than you do. I'd give him like 10 business days politely and then say I'd have to pursue options because we need to replace the items ASAP.
That is another thing: do you have replacement value insurance or not? If not, you're going to be so sorry as it will be a mere pittance you'll get back. IF you have replacement value, they MAY tell you to go buy the stuff and submit the receipts, but you can't then go get better stuff, etc. You run a risk there that they'll not give you 100% back on what you submit.
They may also be looking for negligence on your part, etc.
I'm very fussy about who I use for insurance. I have State Farm and have for more than 25 years and I always interview my agent first as he does my home and car and I don't want a slacker. My brother didn't always do that--go with closest and has State Farm. He used to have problems until he switched to MY agent. It always pays to do your homework.
Good luck. |
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MSAD
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I assume you mean you are talking to the adjuster.
Agents don't work claims.
If so, here's a zany concept - call and ask to speak to the adjusters manager. Discuss your concerns with him or her. If its something small holding up the claim - sometimes a call to the boss is all it takes.
If the claim is complicated or there's much more to it than you are telling us - there could be more work that has to be done. Did the insurance company give you a Proof of Loss? If so, did you complete it?
You can hire an attorney (if you can find one that will take a property case - attorney's don't make any money on a property case and not many take them) but you will have to pay his fee and that is not covered by your insurance policy. The insurance company will not give you consideration for attorney's cost. |
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rosebud
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I had this problem with a car accident claim. The claims adjustor handling the claim was just lazy and irresponsible. I talked to her supervisor, and the claim was rapidly resolved to my satisfaction. If this doesn't work, then you go for the lawyer. |
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es
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there are three things you should do:
1. Write a letter to your insurer, with your claim # and a list of the missing items, advise them that they have not responded in a timely manner, and that you expect to have this resolved within 10 business days. Site the section of your insurance contract that shows what timeframe they have to respond in.
cc the insurance department in your state--that usually gets them moving.
2. Actually file a complaint with your state insurance department.
3. Hire a public adjuster. This will be cheaper than hiring a lawyer. The cost of a lawyer will outweigh what you will get back. Good luck! |
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