I was involved in a motor vehicle accident April 13th 2018. The other driver made a left hand turn from a stop sign but was unable to complete his turn due to southbound traffic at a complete stop. This caused him to block both northbound lanes which were not subject to any stoplights or stop signs.
As I was traveling northbound and saw him pull out right in front of me, I swerved to avoid his truck & instead of impact to his driver side door I was able to maneuver enough to only impact the back side of his truck bed. The accident resulted in a total loss of my truck.
His insurance conducted an investigation which lasted 2 months with not 1 update or mailed correspondence, and switched adjusters 4 different times in the process, all of which I could never get into contact with except on 1 occasion. Once coverage was accepted, on or about June 20th, the adjuster simply was uncooperative.
As of July 3rd, this adjuster blatantly lied, stating “There is a 3rd party with injuries (passenger of my vehicle) & she could not offer any settlement until his medical documents were submitted.” The 3rd injured person she is speaking about was not injured, was never injured, never contacted the at-fault driver’s insurance or claimed to be injured ever in any way at all.
My own insurance adjuster confirmed this with him and also relayed that information to the at-fault driver’s adjuster. I explained to her I spoke with my childhood friend who let me know he specifically told her he was not injured & had no medical documents to submit.
She again LIED and said she spoke to him and was waiting on his medical information to proceed. This is absolutely untrue as I see/communicate with the supposed injured person daily! What options do I have regarding this act of Negligent Misrepresentation?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Answer
Dear Brian ,
It would be in your best interest to focus your attention not on the apparent misrepresentations of the insurance company claims adjuster, but instead on making sure the adjuster has copies of your medical bills, receipts for out-of-pocket expenses (such as medications, bandages, etc.), and a confirmation of your lost wages, if any.
Keep the adjuster aware of your continuing medical treatment. Your health and well-being should be paramount.
If you are not satisfied with the actions of the claims adjuster, ask to speak with the adjuster’s supervisor. Ask what additional information will be required to finalize your injury claim. Worrying about whether the adjuster misrepresented facts about speaking with third parties, while annoying, should not be your focus.
Alternatively, if you continue to have problems with the insurance company, you can file a complaint with the California Department of Insurance.
Finally, in the event you are still not satisfied with the insurance company’s actions, consider speaking with several personal injury attorneys in your area. Most personal injury attorneys do not charge prospective clients for initial office consultations.
Learn more here: Bad Faith in Personal Injury Insurance Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
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