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  1. #1
    hhouse Guest

    Insurance Adjuster - Low Offer

    I was in an accicent in Texas. The other driver was at fault (ticketed). He had no insurance or drivers license. I filed a claim under my uninsured motorist coverage. The adjuster is offering $1,500 - $2,000 less than my car is worth. I have faxed him proof (ie: Blue Book, NADA and advertisments). Do I have any other options?
  2. #2
    JETX is offline Senior Member
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    Is this YOUR insurance company accepting the claim??? If so, then you can certainly file a complaint of improper claims 'dealings' with the Texas Dept of Insurance at:
    [url]http://www.tdi.state.tx.us/consumer/index.html[/url]
  3. #3
    hhouse Guest
    I filed with the Texas Department of Insurance. They say I do not have a legitimate complaint based on my insurance company's policy. Do I have anymore options?
  4. #4
    JETX is offline Senior Member
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    Some options:
    1) Try to 'appeal' your claim within the insurance company. Send them written proof of your higher value. Ask that they review your claim.
    2) Failing that, your only remaining recourse would be through the courts. Problem here is that you will have to reject their offer outright first, then sue for your 'claimed' amount. If it is above $5,000.00, you will be above the Small Claims limitation, and would strongly suggest you consider hiring an attorney.
  5. #5
    ProResearch Guest
    In addition to you supplying proof, you should put it back on them. Ask *them* to substantiate what they are offering. Ask them to give you a reasonable answer on how they came up with the amount they are offering. They may make some excuses, but be persistent and just tell them you need to see how they came up with this figure.

    When I had my accident, the insurance company offered me a good amount, but much lower than I wanted or knew was my car's value. Once I asked how they arrived at that amount, they faxed me the whole deal report. I went through the report, making notations because the condition of my vehicle was not accurate, they left out some options I had, and they did not give me credit for recent repairs done on my vehicle. I faxed back my notations, the repair receipt and some car values I found locally in the newspaper. When all was said and done, they raised their offer over $1,300 and I accepted it.

    Make them do the work too

    ~Diane~
  6. #6
    hhouse Guest
    Since I had not heard from my insurance adjuster for over 1 month I called yesterday. I asked to speak to my adjuster's supervisor. He stated they could not find my file. I called again today to see if they located my file. Nope, not yet. What happens if they can't find it? Do we start over from day one? Also, do I have any recourse in this situation? They have been wasting my time for over 2 months.
  7. #7
    curtisd Guest
    tell them if they insist on dragging thier feet you'll be reporting them to the better buisness bureau,consumer affairs,atty.gen.etc.as far as not being able to get the fair market value from the insurance comp,if all else fails could you sue the person that hit you for the differance in small claims court?
  8. #8
    cgab Guest
    You should also be aware that THE FAIR CLAIMS SETTLMENT ACT requires that an insurance adjuster

    1.Respond to a claim in a timely manner.

    2.Promptly investigate claims and report their findings to the claimant.

    3.Pay undisputed portions of a claim as soon as liability is established.

    4.Make payment without a release if you know that there are unresolved portions of a claim.

    5.Respond promptly to calls and letters concerning a claim.

    6.Resolve the matter without forcing the claimant to instigate litigation.


    This is a reminder that you may want to submit an offer today.
  9. #9
    JETX is offline Senior Member
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    Originally posted by cgab
    You should also be aware that THE FAIR CLAIMS SETTLMENT ACT requires that an insurance adjuster
    CGAB: Where did you get that information??? In researching the 'Act', I cannot find where it is any FEDERAL regulation, but appears to be a California rule. And since this issue is in Texas, it wouldn't apply.

    In the future, when you are providing some excerpt from a state or federal rule, please provide either a proper legal citation or at least a link to the site where you found it. Thank you.
  10. #10
    cgab Guest
    Sorry I should have provided that information. That is something I use at work. It is from the fair debt collectors act. I do not have it accessible to me at this moment but can get you more detailed info on it later. I am a third party adjuster for a large rental car agency. I handle property damage claims to their vehicles, or in other words I fight with insurance adjusters all day. So for not being very specific. Hope that this may help someone, I got it from our legal department and it is used throughout the country in our office, it has never been questioned as of yet.
  11. #11
    JETX is offline Senior Member
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    Originally posted by cgab
    It is from the fair debt collectors act.
    Sorry, but you are wrong on this one also. There is no such thing as the "fair debt collectors act'. Are you trying to refer to the FDCPA (Fair Debt Collection Practices Act)?? If so, there is nothing in the FDCPA that would have anything to do with a "Fair Claims Settlement Act".

    BTW, the FDCPA can be found online at:
    [url]http://www.ftc.gov/os/statutes/fdcpajump.htm[/url]
  12. #12
    hhouse Guest
    Thank you to everyone for your suggestions. I faxed a timeline of my claim to the claims manager yesterday morning. By the end of the day I had an offer for what I wanted from the beginning. Thanks again.

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