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What do you do when the at-fault drivers insurance company will not call you back? |
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Answer
Answer
Get a different lawyer.
Call the Insurance Commissioners Office for the state in which you live and file a complaint. Insurance companies in most states are required to respond to the Insurance Commissioners Officer and the party making the complaint within 10 days of receipt.
Answer
In response to the comment above: If you have an attorney, the insurance company is not allowed to call you back. They are only allowed to talk to your attorney.
My advice.
I had a situation where I was going through a green light when the guy on the cross street ran a red light and t-boned me. He was clearly at fault but his insurance company wouldn't they wouldn't accept liability because they couldn't get ahold of their insured. That went on for over 3 months! Clearly the guy was never going to talk to his insurance company.
I didn't know what to do. I didn't know how to get the insurance company to move on my claim. I was thinking about hiring an attorney but then I talked to this guy on a plane who owns a subrogation company. He told me that getting an attorney would be counterproductive in this case.
1.) it would be hard to find a lawyer to take such an auto claim because the money is too small.
2.) a lawyer would never actually take this kind of case to court because it would cost more to go to court than the entire claim is worth. Instead the attorney would try to negotiate the claim and take a reduced settlement so they don't have to go to court. This is going to mean less money for you
3.) the attorney is going to take a third of the reduced settlement they collected further reducing the money you would get.
4.) when an attorney gets involved in an insurance claim, it sets off warning signals to insurance adjusters and the claim is handled differently. namely the insurance company is going to hire and attorney to deal with your attorney and the entire process is going to be drug out over years
There is an alternative to getting an attorney however. You can hire a subrogation company that is a member of "intercompany arbitration". The subrogation company can file arbitration against the insurance company and force them to the pay the full amount of the claim. I did this through the company of the guy I met on the plane. His company was called Cerberus Subrogation Professionals. www.cerberussubro.com if you want to get in touch with them. It went really well. I didn;t have to take a reduced settlement. I got the full amount I was trying to get and it was way faster and cheaper than getting an attorney. Extremely effective in getting the insurance company to act on my claim.
As far as I know, Cerberus is the only subrogation company that is in the arbitration group. That is a really important part of the equation. If the subrogation company is not a member of the group they can't file the arbitration for you. The owner of the company tried to explain to me how it worked but I didn;t really understand it. All I know is that they got my claim paid.
First answer by Aislinn Barry. Last edit by Rhuffington. Contributor trust: 3 [recommend contributor]. Question popularity: 126 [recommend question]
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