QuestionI sent my demand letter to the adjuster on 12/29/08. I have yet to get the 1st offer. The adjuster never sent the request she said she sent to both doctors and the Physical Therapist. None of them never got the request. I have to personally go and get all the medical notes from all 3 and send them to her.
Then 4 weeks ago, after having all the medical notes she then stated she now needed all the actual bills from all 3. She said she sent those requests as well------none of the 3 offices have gotten that request either.
I had all the bills, except from one doctor. That doctor invoiced her before they would release the billing statements. She now says she mailed that invoice 18 days ago. The doctor's office manager never got the check. Again, it is clear the adjuster is lying---ABOUT EVERYTHING. It is clearly a holding/waiting tactic.
How long, after receiving my demand letter does the adjuster HAVE to make me the 1st offer-before I can file suit? I thought it was 30 days.....I thought that by law the adjuster had to present me an offer within 30 days.......but that has long past. We are about to come upon the 60 day mark. At what point should I file my claim? Is is possible the adjuster is wanting me to file a claim--like she is trying to force me into failing a suit------is it possible she has no intention of presenting me with a settlement at all? Even though they excepted full responsibility in the beginning and have paid for my car repairs?
Please advise.
AnswerMost states have Unfair Claim Practices Acts which set forth the time-frames you are talking about.
Contact your local State Insurnce Departmernt office and ask them about it.
Sounds to me like the adjuster is jerking your chain or the Rep has too many files to handle and you're one of hundreds and in a pile somewhere on her desk (if you're lucky.....).
You do not need to wait any specific period of time to file a suit if that's what you want to do. You will more than likely need an arttorney to do that. Keep in mind that an attorney will take 1/3 of your action so don't go that route if your claim has a value of less that say $2,000.00 as you can probably get more on your own than a attorney would net you and it will more than likely take longer with an attorney.
I would ask to speak with the Rep's supervisor and explain the situation and see what the supvervisor has to say.
Keep in mind that it's generally your responsibility to present your claim...
If this inattention persists I would file a complaint with the State Insurance Department..
Keep copies of whatever documents and/or calls you send/make to the insurance company in support to your position re lack of follow-up, etc.
Hope andf trust that the above helps...
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