Insurance is supposed to be there for us when we are injured or suffer a catastrophe. In earlier times, insurance companies marketed themselves as protectors of you and your family. They were companies of great character and care in making sure that their products and services included prompt customer service. Think back to old slogans selling insurance.

With the advancement of insurance claims adjustment and big business profit demands, there has been a shift, and it is not to the benefit of the consumer. Just ask the victims of earthquakes, fire, and natural catastrophe. The claims process has become one of delay.  Claims adjusters demand proof of ownership of everything in your house, requiring a reciept, or they deny payment. Imagine a receipt for simple things you need every day. See this interesting site about certain insurer behavior http://www.allstateinsurancesucks.com.

What does this discussion have to do with auto accident claims? If the insurance companies treat their own people like this, how do you think insurers will treat your claim when they are not your insurance company?

Insurers are governed by rules and regulations in California on the fair and prompt handling of claims. These rules require that all insurance companies act fairly, promptly, and equitably to adjust your claim and may not withhold payment of claims to you unfairly. Unfortunately, a number of years ago California Courts determined that you CANNOT SUE the other party's insurer even if they treat you in the most egregious of ways.

The legislature, not surprisingly, has been reluctant to pass legislation allowing suit against an insurer if they do not follow the laws of California, fearful of losing insurance election and reform money. So your only remedy if the insurer is not following the rules? Hire an attorney or report the problem to the Department of Insurance. We invite every potential client to report all problems to the California Department of Insurance, www.insurance.ca.gov, but not for the reasons you think. This reporting is not designed to solve your problem, and will most likely frustrate you since that body is slow to respond to any claim, has no power to make a carrier treat you properly, and further will not get involved if it is a matter of "claims dispute". However, reporting by enough people will mandate a change in the law in the future. Insurance companies should not operate above the law and common standards of decency. They do and when we could, our office routinely held them responsible. See our Track Record of bad faith cases.

Contrary to belief, most people do not call an attorney because of greed or a desire to take advantage of the system. It is because as the case unfolds, prospective clients are stymied at even the most rudimentary of adjustments of the claim. Insurers are free to argue any limitation on paying your damages. While you are liable for perjury and fraud if you assert claims that are not true or argue damages that do not exist, the insurance company cannot be sued or be liable for their unfair assertions.

Some areas where we typically hear of complaints:
      Delay in adjustment of property damage;
      Unfair offer on your car but you still owe more than offered;
      Refusal to fairly evaluate liability or won't accept full liability;
      Refusal to pay for rental when liability is clear;
      Refusal to pay full emergency bill, like you could negotiate it;
      Refusal to consider all medical bills as reasonable from your doctor;
      Arguing you overtreated, even if your doctor felt it best and you got relief;
      Arguing your past medical history caused your pain, when before accident you had none;
      Not advancing any money while insurers "evaluate" your case for settlement;
      Leaving your medical and property damage bills to go to collection;
      Refusing to pay your self-employment wages;
      Refusing to pay your lost time from work, arguing it wasn't necessary;
      Refusing to adjust your claim unless you give a recorded statements;
            See Link Giving Your Recorded Statement;
      Refusing to adjust your claim without signing their medical authorization;
      Sarcastic or rude adjusters;
      Apathetic Adjusters;

Our attorneys are not implying that all adjusters are this way, but we are comfortable in saying that most are lacking in any service skills and claim adjustment is designed to wear you down to accept the least you can, not what is fair. We would recommend that anyone who has a significant claim hire an attorney. Call us at 1-888-752-7474 or Contact Us Online. Insurance companies do not act fairly, and to expect they will, only gives them further chances to abuse you and prejudice your claim.