Bodily Injury Settlement Process

[mistaP]

I do not receive vacation pay. I have a retainer that pays me $720/wk when I do not work. Had I been able to work, I'd have earned 14,800 not 2160. No need to try again to explain. Some things do not require explanation.

 

[steel9]

If you can prove your loss of income you should get a decent settlement. Whats the lowest you're willing to accept ?

 

[ecmst12]

And can you prove that you definitely would have been working on those weeks if not for the accident?

 

[Isis1]

And can you prove that you definitely would have been working on those weeks if not for the accident?

you are WAY more patient that me. do you even have any hair left after going on with this one poster for the past 5 days?

 

[mistaP]

And can you prove that you definitely would have been working on those weeks if not for the accident?

Right. This has already been established and accepted by adjuster. In his last email to me he indicated that the reiteration of the offer of 11,331 did not in fact account for the "new" costs, it was simply a reaction to my demand amount and refusal to counter until I lowered my demand.

 

[bc42]

mistaP,

These forums are not the place to seek advice.There are those who post here who are industry insiders or wannabe lawyers who will try to discourage you in your efforts or just start an argument with you. That being said, if you feel that your adjuster is acting in bad faith or that they are not being fair, responsive and/or timely in the settlement of your claim, please file a formal complaint against the adjuster and the insurer at the Indiana Department of Insurance ...... they are the state agency tasked with regulating the insurance industry in your state. Your insurer should have provided you with documentation as to the complaint process and your rights under Indiana Insurance Laws and Regulations. I suggest you ask them for this information and inform them that you will be filing a formal complaint with the IDOF, that is, if you wish to do so. In any event, by asking about a complaint process, their cage will get rattled a bit ...... Good Luck!

 

[You Are Guilty]

I don't know who the dummy above is, but I would love to know what duty someone else's insurance carrier's adjuster has to an injured party - particularly, where they are required to act in "good faith". Once we clear that impossible-to-answer-question out of the way, where is there "bad faith" in this scenario? Not offering to pay "retail" on a claim is not bad faith even for one's own insurance.

OP, adjusters adjust hundreds of claims simultaneously and thus their time is a precious commodity. If they perceive you to be beyond the realm of reason, they will then allocate their time to a different claim which they think they may be able to successfully resolve. Your exorbitant demand seems to have had that effect on the adjuster you're dealing with. It may be too late to come back to him/her with a more realistic number, but at this point, absent filing suit, you don't really have too many other options. Why not give it a try and see where it takes you?

 

[bc42]

Point proven. Anyway, all states have insurance laws and regulations in place. Insurance Companies and their adjusters are bound to act within these laws and regulations in their dealings with consumers in regards to all insurance matters including claim settlement. mistaP ************** Beware of the alleged advice you obtain from these forums and may I again suggest that you look into filing a formal Complaint with your Indiana Department Of Insurance ..... Good Luck and Happy Holidays!

 

[You Are Guilty]

Point proven. Anyway, all states have insurance laws and regulations in place. Insurance Companies and their adjusters are bound to act within these laws and regulations in their dealings with consumers in regards to all insurance matters including claim settlement. mistaP ************** Beware of the alleged advice you obtain from these forums and may I again suggest that you look into filing a formal Complaint with your Indiana Department Of Insurance ..... Good Luck and Happy Holidays!

I'll say this slowly since you appear to have a mental disability: show... me... the... money. You made a claim, now back it up. Post a link, to any law, in any state, that supports your statement. We'll wait.

 

[lealea1005]

I don't know who the dummy above is...

Sorry YAG, I think ecmst, Zigner and I are the "industry insiders" he refers to.

https://forum.freeadvice.com/dangerous-defective-products-17/plavix-almost-killed-me-496138.html

 

[ecmst12]

OP's adjuster is acting WELL within the laws and regulations. An insurance department complaint would accomplish absolutely nothing except to get your adjuster MORE annoyed with you. This poster has been given good and sound advice over and over, he just doesn't want to hear it. He wants to think that his little bits of glass and scars entitle him to as much money as someone who was left unable to work or walk after an accident. Hint: it doesn't. But he can learn that the hard way if he wants.

 

[bc42]

Just to humor you, here's a link to New York State's Insurance Regulation 64. Now, will you people please stop giving bad advice and trying to incite others!

http://ny.iiaa.org/technical/reg_64.pdf

 

[bc42]

And mistaP ...... here's the link to your State Of Indiana Department Of Insurance's, Insurance Law:

IDOI: Indiana Insurance Law

 

[ecmst12]

And I'm sure when he reads it he will agree that his adjuster has followed the law.

An insurance company generally is only required to deal in good faith with its OWN customers. You can't make a bad faith claim against someone else's insurance company, because that company has no duty to you - its duty is to the person that HIT you.

Further, the adjuster has acted in good faith. It's OP that is refusing to deal in good faith by making absurdly inflated demands.

 

[You Are Guilty]

Sorry YAG, I think ecmst, Zigner and I are the "industry insiders" he refers to.
https://forum.freeadvice.com/dangerous-defective-products-17/plavix-almost-killed-me-496138.html

You know, we really could use a "check the posting history" smiley. It would save so much time.

Just to humor you, here's a link to New York State's Insurance Regulation 64. Now, will you people please stop giving bad advice and trying to incite others!
http://ny.iiaa.org/technical/reg_64.pdf

Oh good lord. I don't suppose you actually read that first? Because, if you did, perhaps you could first explain how "s 216.7 Standards for prompt, fair and equitable settlement of motor vehicle physical damage claims" has anything to do with the current situation? Then if you don't mind, please point out where the adjuster is required to pay whatever is demanded by the claimant in the name of "good faith"?

And mistaP ...... here's the link to your State Of Indiana Department Of Insurance's, Insurance Law:
IDOI: Indiana Insurance Law

Oh wow, a link! How useful! Here's one I think you might find more useful:
http://www.amazon.com/gp/product/0764558307/ref=pd_lpo_k2_dp_sr_1?pf_rd_p=486539851&pf_rd_s=lpo-top-stripe-1&pf_rd_t=201&pf_rd_i=1568848609&pf_rd_m=ATVPDKIKX0DER&pf_rd_r=1GWC0T4HZPSYD8NTC6T3

OP, you've been duly warned. Please consider the source of whatever information you elect to follow. On one side you have a number of legal and business professionals and on the other is a guy who seems to have suffered a head injury from a motorcycle accident. Good luck either way.