• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unfair Claim Settlement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

J3rry

Guest
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
 


J

J3rry

Guest
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
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top