Dec 04, 2014 · I filled a claim with her insurance company a week ago and they keep telling me the claim is pending because they are waiting on a police report. Now she has filled a claim with my insurance company claiming that I caused the accident which is not true. I called a lawyer and they said because there was no injury they cannot help me.
Jun 27, 2011 · You never include an insurance company as a defendant. This is because an insurance company indemnifies a person, they are not responsible for their actions. So, once you sue the actual person, the insurance company then has a contractual duty to hire an attorney for that person and ultimately indemnify them for an amount of money up to their policy limit of …
Jun 22, 2017 · Insurance Agent Duties and Actions That May Constitute Negligence. The primary duty of insurance agents is to use reasonable care, diligence, and judgment in selling insurance policies that are appropriate for their customers based on each one’s requests and requirements. Specific duties are spelled out in more detail in each state’s codes ...
Oct 10, 2015 · An insurance company may try to call the people you provide information for. You aren’t required to provide contact information for friends, family, or healthcare practitioners. • Don’t tell an adjustor you don’t have a lawyer. Sometimes knowing you have an accident attorney on call will encourage an adjustor to use more care during the ...
One of the reasons that adjusters for the other driver’s insurance company will call so soon after the accident is that they want to push you into agreeing to a settlement as soon as they can. This is especially true if they know that their driver was primarily at fault. Insurance adjusters know that anyone who has been an accident is a little unsettled for a day or two. They will try to use your condition as leverage to force you into accepting a settlement.
Maybe you are not sure who exactly was to blame. Regardless, never admit that you are responsible even a tiny bit for the accident. You can seriously damage your case if you admit to the insurance adjuster that you were or might have been responsible for the accident. The same holds true about injuries.
If you have been in a car accident, you want to focus on getting better, repairing your car and filling out the required forms. You want to move forward. One day, however, you get a call from someone from an insurance company — but it is not your insurance company.
Let the other driver’s insurance adjuster know that they should not contact you, but you will contact them. Here are some other things that you should know if you receive a call. 1. You Are Not Legally Obliged to Speak to an Adjuster From Another Insurance Company.
1. You Are Not Legally Obliged to Speak to an Adjuster From Another Insurance Company. In most states, you are legally only required to speak with a representative of your own insurance company. If it makes you uncomfortable to speak with another insurance company’s representative, you have a few options.
In most states, you are legally only required to speak with a representative of your own insurance company. If it makes you uncomfortable to speak with another insurance company’s representative, you have a few options. You can decline to talk with them, you can ask them to call the adjuster from your insurance company, or you can tell them you will only speak to them in the presence of your lawyer.
If it makes you uncomfortable to speak with another insurance company’s representative, you have a few options. You can decline to talk with them, you can ask them to call the adjuster from your insurance company, or you can tell them you will only speak to them in the presence of your lawyer. 2.
If you suspect your insurance agent is guilty of negligence or even fraud, contact an experienced insurance attorney who can advise you of your options and legal rights.
Compensation for Insurance Agent Negligence. The types of damages you can seek in a lawsuit for negligence are generally more limited than those for intentional actions like insurance fraud, and limitations vary by state.
Note that someone can be guilty of negligence without intending to cause harm. Regardless of intentions, if you can prove the elements above, then the negligent person is legally responsible for the harm caused.
As an industry that provides vital benefits to everyday Americans and collects over $1 trillion in premiums each year, the insurance industry is heavily regulated. Because of the crucial role insurance plays in your life and in the financial sector as a whole, state and federal laws impose certain ...
Because of the crucial role insurance plays in your life and in the financial sector as a whole, state and federal laws impose certain responsibilities on insurance agents who sell and promote policies to the public. If your insurance agent fails in his or her duties to you and you’re later denied coverage, you might have a claim ...
The primary duty of insurance agents is to use reasonable care, diligence, and judgment in selling insurance policies that are appropriate for their customers based on each one’s requests and requirements. Specific duties are spelled out in more detail in each state’s codes or statutes, but there are many similarities across the board. The following actions may amount to insurance agent negligence in your state:
Application misrepresentations: As an agent walks you through the insurance application, they are required to complete the application accurately and truthfully. Failing to pass-on notification of your claim: If you notify your agent of a claim under your policy, they must then notify the actual insurer of the claim.
Never tell an insurance agent you aren’t injured or anything about the injuries you do have. Never admit fault or apologize for the accident. You may believe you have a clear picture of an incident, but injuries may take time to manifest, and investigations often bring unexpected factors to light. You aren’t deceiving your insurer by saying “I’ll ...
What NOT to Say to an Insurance Agent after an Accident. After a car accident, one of the first steps you should take is calling your insurance company. Your policy will likely cover some of the expenses associated with the accident, including repair work and medical costs. As with a police report, however, what you say during interactions may be ...
A medical report is typically the only injury-information you need to provide to an insurer. You may not know exactly what to say to your insurer after an accident, and that’s okay. Hiring a personal injury attorney as soon as possible may help.
Two More Reasons the Adjuster Won’t Call You Back. In addition to the reason above, there are two more reasons worth mentioning. First, the insurance company isn’t calling you back because they don’t have to. They have no timeline and they technically don’t have to pay you anything (unless forced to by a jury).
The reason is simple. After a wreck, you’re going to have to convince the other driver’s insurance company to pay you the money you deserve for your medical bills, damaged car, and pain and suffering. However, insurance adjusters are trained to pay you as little money as possible. It’s how insurance companies make money.
Personal injury lawyers don’t cost any money upfront and they can provide much needed help when the insurance adjuster won’t give you a break. I’ve found that sometimes simply having a lawyer will dissuade the adjuster from stalling your case – adjusters know they can’t pull that kind of thing when there’s a lawyer on your side.
Insurance companies want to make money. Of course they do. And while there’s nothing wrong with profits, the problem is that in order for an insurance company to be profitable, they have to pay out less in claims than they take in. Sadly, this creates some backwards incentives.
First, the insurance company isn’t calling you back because they don’t have to. They have no timeline and they technically don’t have to pay you anything (unless forced to by a jury). Last, the insurance company knows that the longer it holds onto its money, the more it can make in interest.
First, you can use your own insurance. A lot of people are upset to hear this advice because they don’t think they should have to use their own insurance or pay their own deductibles, especially if someone ELSE was at fault for the accident. I certainly understand these frustrations.
When accident victims come to us, it’s often out of frustration with the insurance company. No one ever tells you how hard making a claim can be, especially when insurance adjusters refuse to call you back or create unfair excuses to deny your claim.
If the person who hits you doesn’t have insurance, or if their insurance can’t cover the full extent of the damage they caused , your uninsured/underinsured motorist coverage component of your auto insurance policy can protect you.
If you’re in a hit-and-run accident, your car insurance rates may or may not go up, but it depends on your insurer. Your rates are more likely to go up if you’re at-fault for an accident, than if you’re involved in a hit-and-run or an accident caused by someone else.
It’s important to contact your insurance company as soon as possible so you can explain the incident, get it on record, and begin the claims process. Your insurance company can also help you if you need roadside assistance, like if your car needs to be towed. If the person who hit your car is not clearly at fault, ...
If the person who hits you doesn’t have insurance, or if their insurance can’t cover the full extent of the damage they caused, your uninsured/underinsured motorist coverage component of your auto insurance policy can protect you. However, this type of coverage isn’t required in all states, so not every driver will choose to add it to their policy.
Your collision coverage may also protect you if you are victim to a hit-and-run. However, collision insurance requires a deductible before coverage can kick in. If the repairs cost less than your deductible, you might be better off paying out of pocket.
It covers medical bills, as well as other expenses you might accrue while injured, such as lost wages. Like collision insurance, personal injury protection covers you regardless of who was at fault in an accident, and it may also cover you if you or your passengers sustain injuries in a hit-and-run.
If you are filing a third party claim you will do so directly with the other driver’s insurance company, which means you will be in contact with them. However, if you’ve filed a claim with your own insurance company, it’s typically smart not to talk to the other person’s insurance company and to let the insurers work it out between them.
If you’ve received an early settlement offer from an insurance carrier, it’s a safe bet that the offer represents less than you’re really owed. Probably a lot less. And the insurance company already knows that.
You’ve probably seen TV shows where someone gets arrested and the police recite a familiar line: “Anything you say or do can be used against you…”
In your first contact with an insurance adjuster, make it clear that you will not be discussing much on the phone. Not only should you give very limited information in this first phone call, as discussed above, but you should also set clear limits on any further phone contact.
Naturally enough, an insurance adjuster is going to want to know about the nature and extent of your injuries. Do not give a detailed description yet. You might leave something out, or discover an injury later, or your injury may turn out to be worse than you originally thought. If you need to say something, just tell the adjuster that you are "still treating," and leave it at that. Learn more about how your medical treatment affects the value of your personal injury case.
Give Only Limited Personal Information. You need only tell the insurance adjuster your full name, address, and telephone number. You can also tell them what type of work you do and where you are employed. But at this point you need not explain or discuss anything else about your work, your schedule, or your income.
You need only tell the insurance adjuster your full name, address, and telephone number. You can also tell them what type of work you do and where you are employed. But at this point you need not explain or discuss anything else about your work, your schedule, or your income.
Insurance adjusters or other representatives may try to get you to "give a statement"" about how the accident happened. Or they may simply engage you in conversation during which they will subtly try to get you to tell them about the accident.
Give No Details of Your Injuries. Naturally enough, an insurance adjuster is going to want to know about the nature and extent of your injuries. Do not give a detailed description yet. You might leave something out, or discover an injury later, or your injury may turn out to be worse than you originally thought.
Although you may still be angry about the accident and your injuries, taking out your anger on the insurance adjuster won't help you get a fair personal injury settlement. You may not know exactly how or when an insurance adjuster's good will may pay off—in promptly handling your claim, or in believing your version of an issue that's difficult to prove—so it's always best to keep your cool and stay professional.
Getting assistance from your car insurance company's adjuster may help prevent you from accidentally saying the wrong thing, or saying more than you have to. Bottom line: If you're confident that any injuries and damages are minor and it's clear the other driver was at fault, you're probably better off speaking with the other driver's car insurance ...
Let's quickly answer the question that the title of this article poses: No, you are not legally required to speak with the other insurance company's representative. Speaking to your own insurance company after a car accident is a different story, however. Now the question is whether you should speak with the other driver's insurance company.
If you've been in a car accident, it’s usually not a good idea to talk to the other driver’s car insurance company; at the very least, take caution. After a car accident, you may receive a call from the other driver's insurance company, regardless of how clear it may be that the other driver was at fault for the crash.
In those circumstances, if you don't speak with the other driver's car insurance company, it will be a long time before you get a settlement check from the other insurance company , if at all. Ideally, your attorney or a representative from your own car insurance company will talk to the other driver's insurer, but this isn't always possible ...
The company does not have your interests in mind. It wants to find evidence that you were at fault for the accident, and that your damages or injuries are minor (or nonexistent). So, you shouldn't tell the insurer that you feel fine or that your injuries are minor.
So, you shouldn't tell the insurer that you feel fine or that your injuries are minor. Even if you believe this is the case, some car accident injuries don't show up right away, and minor injuries can turn out to be much more serious than expected. Second, anything you say to the other driver's car insurance company can serve as a basis ...
First, always remember that the primary goal of the other driver's car insurance company is to pay out as little money as possible. The company does not have your interests in mind. It wants to find evidence that you were at fault for the accident, and that your damages or injuries are minor (or nonexistent). ...