Auto Insurance Claims: Insurance claim, underinsured motorist, commissioner of insurance

Question
My son and his friend were involved in an accident April 2009, resulting in the death of my son. The medical part of the claim was settled with the hosptal by Medicaid. The claim was filed as an uninsured/underinsured motorist, which should result in a claim of 50,0000 dollars for each person involved in the accident. The insurace copany has yet to pay me on the claim and have now got their lawyers involved. The lawyers involved have talked to me and assured that this claim would be settled soon after the accident.I have tried to be calm and compliant with whatever they have to say about the claim. They said 2 weeks ago it would be settled and is not. What kind of rights do I have in this matter and should I take legal action.

                                               Thank You,
                                                Mr. Goodwin  

Answer
Mr. Goodwin,

I'm really sorry to hear about your son.  Nothing scares me more than the thought of my 3 young children beginning to drive.

You could bring a legal action against your insurance company but frankly it's surprising that they have not paid you yet.  This is a clear case.  I suggest putting a call in to the commissioner of insurance in your state and asking them to intervene.  You may have to do it in writing.

I'm trying to avoid you having to seek a lawyer's help because it will typically cost you some of your settlement and it's really a very straightforward case.

I think a call to the adjuster threatening to write a letter to the state insurance board might move things along.  Make sure you have the actual name and city of the commissioner of insurance so you can drop it on the phone call.

If you're really frustrated and they are not moving then you may have to engage an attorney.  In these kinds of cases I normally waive my entire fee.  Perhaps you'll find a sympathetic attorney in your state.  I just can't see taking a fee from a family that receives a measly $50,000 for the life of a loved one...

Best of luck,

Ernest Ferraro