Home     Law Advice     Insurance Advice     Community    
Auto Accidents and Vehicle Claims : Visit FreeAdvice.com for useful articles and FAQs on Bike Accidents, Bus Accidents, Car Accidents, Motorcycle Accidents, Truck Accidents, etc. Visit AttorneyPages.com to find an experienced Car Accident Lawyer.
Go Back   FreeAdvice Legal Forum > ACCIDENT AND INJURY LAW > Auto Accidents and Vehicle Claims




Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-20-2004, 07:55 AM
J3rry
Guest
 
Posts: n/a

Unfair Claim Settlement


What is the name of your state?What is the name of your state? Califonia

I recidently got into an accident.. where the driver of the car I was the passenger in lost control, crashed, and rolled his car.

I signed the claim thinking that It would cover all my medical expenses and now recieved a huge bill. My insurance company is going to pretty much cover the costs of this, but I think it's unfair that a adjuster can lie through his teeth and estimate how much he thinks its going to cost.. what he thought things were going to cost turned out to be 50x the amount in some cases on my bills. After researching I've came to find this info...

Section 2695.7. Standards for Prompt, Fair and Equitable Settlements

(g) No insurer shall attempt to settle a claim by making a settlement offer that is unreasonably low. The Commissioner shall consider any admissible evidence offered regarding the following factors in determining whether or not a settlement offer is unreasonably low:

(1) the extent to which the insurer considered evidence submitted by the claimant to support the value of the claim;

(2) the extent to which the insurer considered evidence made known to it or reasonably available;

(3) the extent to which the insurer considered the advice of its claims adjuster as to the amount of damages;

(4) the extent to which the insurer considered the advice of its counsel that there was a substantial likelihood of recovery in excess of policy limits;

(5) the procedures used by the insurer in determining the dollar amount of property damage;

(6) the extent to which the insurer considered the probable liability of the insured and the likely jury verdict or other final determination of the matter;

(7) any other credible evidence presented to the Commissioner that demonstrates that the final amount offered in settlement of the claim by the insurer is below the amount that a reasonable person with knowledge of the facts and circumstances would have offered in settlement of the claim.

----------------------------------------------------

He gave me estimates that were way out of the ballpark.. told me I was a young kid and I heal faster so I'm not going to get nearly as much as someone else, plus many other things I'm taking into consideration when I find my Attorney in the next few days.

Also from research this might also classify under low balling since we settled for.. including my pain and suffering around 8x less than the total medical bills. *,*** for 2*,*** it's a pretty sad world when people can get away with doing this.

What I need to know is where I can find more information about this, and how I should handle this. My insurance company told me to just let it go.. but I've felt like I've been taken advantage of and don't want another person to get mistreated by this adjuster again. So time and effort really means nothing to me since I don't work and I'm a full time student ( school isn't that hard ). Any information would be great... or cases which involve this so I can start preparing my case before I even find my attorney. Peace
  #2  
Old 08-20-2004, 08:29 PM
J3rry
Guest
 
Posts: n/a
Lawyer still hasn't gotten back to me he's allowed up to 2 days..... does anyone know If I have any chance of cancling the claim.. based on this guy misleading me.. I just keep reading as much as possible, but I'm not sure if I even have a chance... anyways let me know.. Peace
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 12:59 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.