Quote:
Originally Posted by Dave D
Find on their website where it says file a claim and call that number. Do you have a policy number or claim number ot anything?
If you don’t have anything just call the main number and say I’m looking for the adjuster for an incident and they will get you to the person assigned. You don’t need a demand letter yet, just a letter of rep you can fax in and they probably want before talking to you.
I forget if you've said this but have you ever done a PI case like this?
Yeah, I wanted to avoid the awkward phone call if possible was all. Probably just end up doing it that way.
This was odd because usually the adjuster reaches out so we already have their contact information, but they never reached out this time. I think since our CL was a pedestrian and not in a motor vehicle at the time, they categorized it differently in their system. They never contacted our CL's auto policy or attempted to personally contact them at all.
Yeah, we've done a few auto's, but they've settled at demand letter phase. I imagine this will settle as well, but obviously we'll see. If we had to file a complaint, we would move for SJ and the trial would be on damages only. Liability is as clear-cut as possible.
But also, we have a mentor who practices in this area exclusively. He looked our demand over before we sent it out, and gave us some helpful fixes.
Quote:
Originally Posted by Gioco
Insurers have to have a registered agent on file with the Secretary of State (for corporate purposes) and the Insurance Commissioner for insurance claim purposes (in every state that I am aware of). Call up your IC's office and ask for it.
IIRC, the insurers stonewalled their own insured on the grounds of intentional act and not a covered negligent tort; because of that stance, they are probably going to stonewall you because, if they don't, they open themselves to a complaint with the IC for bad faith acts, etc. I'd file a complaint, that's what you're probably going to have to do in the end anyway (and beat a MSJ).
Good to know, Gioco. We are prepared to file if necessary. Assuming we get past the intentional conduct issue, I think we would be fine.
I'll check back to the thread when I have some news (hopefully good
)