Sex, Lies, and Audio Tape.

[ecmst12]

I didn't read your first post - NONE of the information in it was required. I read the second post since that contained your questions and had MORE then enough information to tell you what you needed.

If you are talking about a bad faith claim, you can only file a bad faith claim against your OWN insurance company. The other party's insurance has no contractual or legal obligation to deal with you in good faith. If you don't agree with the insurance company's determination, your recourse is to file suit against the person who harmed you (the driver and his employer) and let the court sort it out. I have dealt with commercial policy claims before and they have ALL, without fail, been a hassle and taken a long time to sort out.

 

[Idiom Savant]

I didn't read your first post - NONE of the information in it was required. I read the second post since that contained your questions and had MORE then enough information to tell you what you needed.

If you are talking about a bad faith claim, you can only file a bad faith claim against your OWN insurance company. The other party's insurance has no contractual or legal obligation to deal with you in good faith. If you don't agree with the insurance company's determination, your recourse is to file suit against the person who harmed you (the driver and his employer) and let the court sort it out. I have dealt with commercial policy claims before and they have ALL, without fail, been a hassle and taken a long time to sort out.

Its interesting that after reading the original post you bring up the term "bad faith" though...

I know for fact they are obligated to deal in good faith with any person they encounter in these circumstances. It's interesting logic from a former adjuster that because they were not my policyholder they are welcome to treat me however they see fit. Lying, cheating, and ignoring evidence that supports my claims is hardly going to be considered acceptable behavior to anyone other than an adjuster.

The reason they were a hassle had a lot to do with the techniques in handling it, I'm sure. Deny, delay, and defend until they go away..

The background was provided so I wouldn't get responses stating hypotheticals that were not relevant forcing me to continually clarify information or circumstances..

Thank goodness I don't have to negotiate for a living. Seems like the process is specifically designed to wear someone down until they finally accept defeat and go away quietly..

 

[KnownOne]

Seems like the process [of negotiating] is specifically designed to wear someone down until they finally accept defeat and go away quietly..

Couldn't have said it better myself.

 

[ecmst12]

Bad faith claims exist so that insured people have a recourse against their own insurer if a claim is denied and they don't agree with the reasoning. Without bad faith, there would be NO recourse to get that insured person in front of a judge, because a person can't sue themself.

You don't NEED a bad faith claim. You can simply file a lawsuit against the person who hit you and the company he worked for and that will get you in front of a judge who can decide based on the merits of the case. A bad faith claim against a company you have no contractual relationship with is simply inappropriate.