Insurance adjuster stalling negotiations...

by Sandra

I was in Mcdonald's back in March 2012 and the floor was sloppy wet. I did not see a Wet Floor sign and I slipped and fell. As soon as I fell they ran over and put a wet floor sign up (a witness gave her name and said she saw them do it).

I did get a personal injury attorney who I'm not sure is doing what's best for me. Now at the end of October 2013 he told me that the claims adjuster told him that she had sent the demand letter to I guess whoever signs off on it.

And since that time he has been telling me he hasn't heard from her. He says he keeps emailing her because she doesn't answer his calls. So I asked him why can't he go over her head and speak with her supervisor? He hasn't responded to my question.

So my question to you is, can't he go over the adjuster's head and force some kind of communication from the insurance company, or is that a bad idea? Should he just be sitting around waiting until she responds?

He claims if she doesn't respond by the end of this month, November 2013 he's going to file suit. I just don't know if that's a good idea or not. If I change attorneys at this point won't I have to start all over? I'm open for suggestions of information. Thanks.

Visitor Question:
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ANSWER for "Insurance adjuster stalling negotiations...":

Sandra (USA):

Your attorney has a much greater incentive to settle your claim instead of filing a lawsuit. If your attorney files suit he or she will have to wait much longer before being paid. Additionally, if suit is filed, your attorney will likely have to make court appearances, engage in pretrial discovery, including taking time-consuming depositions, subpoenas, and time in trial. So you can see why attorneys prefer to settle cases.

You should trust your attorney. Your attorney may not want to go over the adjuster's head and speak with a supervisor because doing so won't accomplish very much. The supervisor likely isn't going to take the claim away from the adjuster. As a result, the adjuster will be in an adversarial position with your attorney. That's not a good thing.

If you are really concerned, make an appointment to see your attorney in person. It's much easier for an attorney to be dismissive of a client while on the telephone. The same can't be said of a person-to-person meeting. In the meeting you'll be able to have your attorney's full attention. After the meeting you can decide if your attorney is being honest with you and whether you want to remain as a client or seek new counsel.

Best of luck,

Judge Calisi

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