6 responses to “So who out there can tell me how to deal with a stubborn insurance company?”

1. 

   Mike Maynard

   October 28, 2010

   I’m English and so the law is a little different. It is similar though because US law is based on English law. I would first of all read the policy. Then check the law, not just the laws made by politicians they tend to be confused; that is why judges have to interpret them and set precedents and a precedent can get you what you want. ext you must look at the situation from the view point of the insurance company and they want to spend as little money as possible. I had a situation like this years ago where someone had to choose to pay £20 or not and they chose not to. I’m a writer and so I wrote another letter and explained the claim had now increased to £150 and would they like to pay £150 or £500 plus another £5,000 in legal costs? They chose to pay the £150! I think in US courts small claims go to $5,000; I watched Judge Judy a couple of times. I would point this out in a letter and it is relatively inexpensive for someone to go to a small claims court, but very expensive for a insurance company to send a lawyer; especially when they are being unreasonable. I would bet that you could find an all pervasive legal precedent that covers unreasonable behaviour in law.

   Reply
   1. 

      sharisax

      October 28, 2010

      Small claims court is definitely a possibility. One of the body shop estimators [as well as several of our friends] have told us that the “adjustors” all try to lowball you, hoping you “go away.”
      🙁
      It would have been preferable if my car had never been hit and I didn’t have to jump through all these hoops!!!!

      Reply
2. 

   Mike Maynard

   November 3, 2010

   This is what Wikipedia says about “due process”:
   
   Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process), so judges – instead of legislators – may define and guarantee fundamental fairness, justice, and liberty. This interpretation has proven controversial, and is analogous to the concepts of natural justice, and procedural justice used in various other jurisdictions. This interpretation of due process is sometimes expressed as a command that the government shall not be unfair to the people.

   Even if the contract (policy) allows them to pay out less it would be subject to “due process” under the 14th amendment of the Constitution of the United States of America and therefore could be challenged in a small claims court. The insurance company would be wise to avoind prohibitive legal cost and act reasonably to continue to be unreasonable would undoubtedly be seen by the court as unconstitutional and could incur unnecessary legal costs.

   But what do I know, I’m English…

   Reply
   1. 

      sharisax

      November 3, 2010

      Perfect . . . unless the company-in-question’s top management is dreamless

      Reply
3. 

   Mike Maynard

   November 3, 2010

   Ah, you may need a strategy to deal with memory enhanced dreamless ones…

   They are not smart, they are dreamless and often moronically dreamless if they are top management. They are also greedy and need motivating. The cost of defending a legal claim must outweigh the cost of paying up. Claim for something else if possible, accident related pot traumatic stress disorder or something. Keep a record of all costs even doing research and paying your obscenely expensive English legal advisor. I could email them with a Queen’s Council letterhead on the email? You husband plays poker ask him to explain how to bluff… Threaten a class action and mention that Google just lost millions on a class action; accident victims of California unit against unfair and unconstitutional insurance companies! 🙂

   That will do the film is starting. I’m in bed! 🙂

   Reply
   1. 

      sharisax

      November 3, 2010

      Mike, I suspect I will “cave in” 🙁
      [i.e., accept the insurance company’s offer]
      “other fish to fry” as they say in cliche land

      I did contact the California Dept of Insurance but I’m at the point where my time is more valuable, but . . . time will tell when people hear about the “bad” company that has done me wrong!!!!

      My plan now is to write a long letter to the company execs

      Reply