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claim settlement

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fjst

Guest
What is the name of your state? CA

I have been communicating by phone with the adjuster to settle my claim. He made a second counter-offer of $8,500 to which I had agreed to, but when I received the release forms, the amount on the form was for $7,500. I called him and he said that that was his final offer. Do I have any recourse, since he was the one who offered the 8,500, but now he's saying he only offered 7,500. I'd appreciate any help.
 


BlondiePB

Senior Member
You can either accept the settlement and be done with it, or you can reject the settlement and go back to the "drawing board" and have adjuster promptly fax you any agreement rather than wait for the papers to arrive by snail mail and be surprised.
 

JETX

Senior Member
fjst said:
Do I have any recourse, since he was the one who offered the 8,500, but now he's saying he only offered 7,500.
Nope. Unless you have his offer of $8500 in writing, there is nothing you can do to try to force that offer.
And if you don't like the offer, you can always reject it and file a lawsuit against the at fault driver... of course that could take months to get heard as the amount is beyond the small claims limit in CA ($5000).
 
C

coaxedude

Guest
fjst said:
What is the name of your state? CA

I have been communicating by phone with the adjuster to settle my claim. He made a second counter-offer of $8,500 to which I had agreed to, but when I received the release forms, the amount on the form was for $7,500. I called him and he said that that was his final offer. Do I have any recourse, since he was the one who offered the 8,500, but now he's saying he only offered 7,500. I'd appreciate any help.
YOU MIGHT WANT TO TRY TAPE RECORDING ALL YOUR SESSIONS WITH THE ADJUSTER THAT WAY WHEN THEY LIE AGAIN YOU HAVE THE PROOF AND YOU GOT'EM BY THE BALLS!
 

JETX

Senior Member
coaxedude said:
YOU MIGHT WANT TO TRY TAPE RECORDING ALL YOUR SESSIONS WITH THE ADJUSTER THAT WAY WHEN THEY LIE AGAIN YOU HAVE THE PROOF AND YOU GOT'EM BY THE BALLS!
More stupidity from the ignorant!!

California is an 'all party' state, meaning you would have to ANNOUNCE that you are recording the conversation and get permission from ALL parties.

Cal. Penal Code §§ 631, 632: It is a crime in California to intercept or eavesdrop upon any confidential communication, including a telephone call or wire communication, without the consent of all parties.

It is also a crime to disclose information obtained from such an interception. A first offense is punishable by a fine of up to $2,500 and imprisonment for no more than one year. Subsequent offenses carry a maximum fine of $10,000 and jail sentence of up to one year.

Eavesdropping upon or recording a conversation, whether by telephone (including cordless or cellular telephone) or in person, that a person would reasonably expect to be confined to the parties present, carries the same penalty as intercepting telephone or wire communications.
 

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