QuestionHello again,
I'm a member of Settlement Central.com and you've helped me out here a few months back. I was involved in a 40mph accident (other driver's fault) Jan 2005. I hit her (she was cited at the scene for neglecting to yield). My car was totalled. I just went through the wringer dealing with her insurance company, Liberty Mutual. I just about became a paralegal with all my time spent at the law library. Had an attorney friend (auto claims not his specialty) file a complaint for me and after a very exhausting effort (me pushing my attorney included!), got $25k policy limits settlement for BI. Thought the next step w/ my insurer USAA for UIM claim (I have $100k limit) would be easier. Was I in for a rude awakening. I followed proper proceedure, they got my package, etc. No response for over 30 days. I had to hound the adjuster until he finally called me back to say, sorry, the $25k I got from Lib Mu was "enough" and they were not going to offer me ANYTHING. My total med specials are $14k, future med care $5k. According to him and "another person that reviewed the file" my condition is degenerative (since that word is used in my MRI report) and sorry, go ahead and request arbitration. Just so you are familiar with my condition, I have a C5-C6 disc bulge, bone spurs, neural foramina narrowing.
My question: Should I bother sending a letter to this adjuster (Genaro Hernandez in the Western Regional Office) memorializing our first conversation, add some more info. and a second request (I'm asking $30K) or just put on my armor, pick up my weapons and start the arbitration request? What happens once I request arbitration? Will I absolutely need an attorney to proceed? I'm really dreading another fight, ugh.
Thanks for your time.
Anna in California
AnswerHello again, Anna,
I appreciate your comments in my private SCC email about how much www.settlementcentral.com helped you achieve the insurance settlement. And I am glad you got the policy limits out of the first company. You can use my personal e-mail if you wish inasmuch as you are a member of settlementcentral.com. But I am glad to answer you here as well.
First, go to the policy limits module in the members' side and read about starting arbitration. One thing that will stand out is that some companies have the right to demand a jury trial.
USAA has a poison pill clause in your own policy that gives them the UNILATERAL RIGHT to put you thru a jury trial for a UIM claim.
That does not mean that they will do so, but if you cannot agree on a settlement, then they might.
Filing for arbitration does not mean that you are foreclosed from making further demands. If you just send back that second salvo letter with a bit of a more serious backdrop to it.
Since your attorney is your friend, have her read the clause in your policy, or you can send it to me at my private email. I am sure that it will say words to the effect as we spell out on this page regarding how to settle differences in your auto insurance policy: How to buy Motor Vehicle Insurance http://www.settlementcentral.com/page8008.htm
So, I think that their offer is not very good. And I think you should make up the second salvo letter--see the left hand side of the SCC members' menu for ways to respond to the offer. Include a witness statement if need be to show that your degenerative condition was asymptomatic prior to the accident.
Prepare the petition for arbitration. Use the formal petition in the members' area. When you send in the second salvo letter, you can tell the adjuster that you are enclosing an advance copy of the petition that you will file with them if you are not able to resolve the claim.
Also, be sure to see those comments on that left hand side menu wherein we give a response that neither him nor anyone in his office will be a witness, and their opinions are not relevant evidence.
That should do it; good luck, Anna
Dr. Settlement, J.D. (Juris Doctor)
www.settlementcentral.com
