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wfkelley
8 Posts |
 Posted - 01/12/2003 : 20:39:48
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| I'm not going to pick on any individual companies, but it appears to me that adjusters (staff adjusters) are getting harder to work with. Prior to becoming a lawyer, I was in the insurance business for over 20 years. Even as an agent, many adjusters were simply difficult to talk to in a reasonable fashion. Would anyone be willing to offer suggestions to me as to the best way to "connect" with adjusters so that they understand that I am just trying to get a reasonable settlement for my client, not trying to cheat anyone. Thanks. Bill |
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JimF
USA
1014 Posts |
Posted - 01/12/2003 : 21:51:50
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I assume your question regards liability adjusters instead of property adjusters?
Please advise. |
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Newt
USA
657 Posts |
Posted - 01/13/2003 : 08:49:38
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What may seem reasonable to the adjuster, which is what the policy says, may not seem resonable to the client. The failure of the adjuster to communicate or the failure of the insured to understand
creates hostilities.
By the time a lawer becomes involved in the hostile atmosphere, he is seen by the adjuster as part
of the problem and not seeking a solution. In other words the lawyer is asking for more than the policy language stipulates in black and white.
The huge settlements awarded by the system have created this problem, and amplification by the press has not helped matters. The clients are paying for this in higher premiums and costs and getting less. They expect more therefore we have a situation that is in a spiral which only tort reform can cure. Look for legislation, it has to happen sooner or later.
The public mentality as it stands today, is biased and unforgiving toward business. Juries almost always side with the underdog or what they view as the underdog.
Where this all started in my oppinion was with the politicians, press, consumer rights activitist, environmentlists and even trail lawers making the coorperations out to be the bad guy.
When a case comes before a jury, the person providing the service is always protrayed as the big guy trying to run roughshod over this poor person who has been abused. This is not just in insurance, its wide spread to people who provide any kind of service. It even applies to law enforcement or prison systems.
As long as politicians keep harping on the cooperations not paying their share of taxes etc. this trend will continue until tort reform is initiated. I don't like controls and laws, but if we can't afford insurance it may become a fact.
A fact of life is an insurance settlement is usually based on policy language. It is contract law, signed and agreed to by both parties. Many cases the contract is not even considered by the jury, and many times the claim that something wasn't explained so the insured understood is used as an ommission.
This is the result of people not reading and understanding the contracts they sign. Also the result of policies not written for the majority of people who are overwhelmed by the complexity of the policy language. Maybe the client needs a lawyer to explain the contract before he signs it.
When a client can collect damages more than five even ten times the limits of the policy, something is missing. I don't consider my self an adjuster or scholar of the law, this is my opinnion based on what I perceive as the problem.
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olderthendirt
USA
370 Posts |
Posted - 01/13/2003 : 09:11:01
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| Two main reasons Bill, lawyer as a group have become crazer in their creative lawsuits and younger adjusters have been taught that most inusred's are stealling form the insuruers. Not a healthy attitiude on either side. On step to sanity would to be to emulate out friends in the frozzen north. Ask Clayton what happens if you loss a lawsuit up there. As to the young adjsuters some will grow up and learn to negotiate. |
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Newt
USA
657 Posts |
Posted - 01/13/2003 : 09:32:12
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To answer the question Bill. The next time you go to 7-11 for a six pack demand that you should only pay for one, and see if they become all amiable and cozy. They will probably get that "Red A** Baboon" mentality. Or better yet tell them they priced it wrong.:)
I am not suggesting all wrongs are either the client or insurers fault. Justice should prevail, not hype.IMHO |
Edited by - Newt on 01/13/2003 09:34:28 |
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Justin
USA
137 Posts |
Posted - 01/13/2003 : 10:48:48
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I wonder how much help I would get on a Legal Forum Site if I said I was having trouble with an attorney and needed someone to please help me. Nada, Zip, zilch. Never tell an attorney anything that you do not want used against you.
N E V E R !!!!!
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Edited by - Justin on 01/13/2003 10:49:40 |
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Russ
USA
75 Posts |
Posted - 01/13/2003 : 10:53:40
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| Bill, I have dealt with Attorneys and P.A.'s. There are two schools of thought Those in your trade have. We can either settle a claim by walking through a loss agreeing to the scope of the damages. I'll write an estimate and fax it to you for review. At this point the problem will be price, but we will negotiate until the loss is settled. OR if you dont agree with my estimate, you will either go over my head and swear to the Carrier that I did not give the Insured a fair shake and missed damaged items. Or do nothing, because cat adjusters have a shelf life in a CAT setting and you know eventually I will leave the sight and you can try to get a more favorable adjustment with a staff adjuster that has a full desk and will negotiate with you again. I have settled a lot of claims with very Professional Attorneys and Public Adjusters, and I have had the other kind. Usually its due to lack of experience on both sides that causes problems. I think if Either side is gunshy, the claim will not settle easy, and it should settle easy!! My opinion only!! Ya'll have a great day and please work safe!!! |
Edited by - Russ on 01/13/2003 10:56:26 |
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KileAnderson
USA
875 Posts |
Posted - 01/13/2003 : 18:35:03
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I think a big part of the problem is most insureds think they have won the lottery when they have an insurance claim. Many people believe that they deserve to have their entire house remodled when one tab has been blown off the roof. That is always in the back of our minds when we deal with contractors who say that these shingles are no longer made or the seals on the roof have been broken by the wind, or he won't guarantee the roof if we only pay for a repair. That's the kind of stuff we have to deal with everyday.
I think that for the most part, if you can document and justify any expense and it has coverage, an adjuster will pay it. It isn't my money and it doesn't hurt me to spend it, as long as I can justify it to the carrier that it is a reasonable expense under a covered loss. But I am speaking from the point of view of a property adjuster working cat claims. I have no idea about liability claims. Not profesionally anyway.
Please read "The Case Against Lawyers" by Catherine Cryer for further info. |
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Ghostbuster
476 Posts |
Posted - 01/13/2003 : 19:44:18
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Ya know something...,(Uh-0h, here we go!), My entire career has been devoted to being the epitomy of virtue and fighting the good fight and slaying the dragon to rescue the fair damsel and being the cavalry charging over the hill to save the wagon train, in general, just being the hero to those wonderful Insureds. I have NEVER sought anything than to bend over backwards to construe the 'Benefit of the Doubt' on my assignments. But now, after the way my industry has sought to negate my worth, eliminate my function, and arbitrarily cheat me on invoices, I'm starting to get my fill at this trough of bile.
Mr Lawyer, just how much in under the table cash money will you pay to have 'expert' testimony of your choice? Let's get down to it, the prime rule of capitalism is that, Money Talks. The more the money, the louder it talks. Tell us what you want said and how much you will pay up front, and we'll see if it's worth it.
The rest of you folks may recoil in shame, but I have literally shed blood, sweat, and tears for the likes of Big Red, Good Hands, Big FIG, Lib Mutual, Us Folks & God, MAGIC, Mad Dog Snoopy, and the rest of the usual suspects. I wanna hear what the the dragons have to say. |
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Tom Toll
USA
154 Posts |
Posted - 01/13/2003 : 22:42:02
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An ethical? attorney must be behind this!
FOR IMMEDIATE RELEASE: MEDIA CONTACT:
January 13, 2003 (#005) Nanci Kramer
(916) 492-3566
INSURANCE COMMISSIONER GARAMENDI APPEALS
NORTHRIDGE EARTHQUAKE SETTLEMENT DECISION
SACRAMENTO, CA - Citing his responsibility to seek every legal remedy on behalf of California consumers and Northridge earthquake victims, California Insurance Commissioner John Garamendi filed to appeal court decisions upholding earthquake settlements negotiated under the Quackenbush administration.
"California consumers were betrayed by Chuck Quackenbush. The sweetheart deals he made with insurance companies to settle alleged mishandling of claims shortchanged earthquake victims," said Commissioner Garamendi. "I owe it to the Northridge victims to ask the Court of Appeal to review the decision and set aside those agreements. To do anything less only serves to make them victims again."
Commissioner Garamendi views the decision by Superior Court Judge Chaney to allow the settlements to stand as effectively denying the department an opportunity to review and properly address consumer complaints.
The agreements in dispute were forged by former commissioner Quackenbush who was driven from office in 2000 amid controversy over the alleged inappropriateness of the settlements and use of the funds generated by the settlements.
The Northridge earthquake was one of the largest insured loss events in U. S. history with more than $12.5 billion in total losses. Insurers named in the appeal include 21st Century, Allstate, State Farm, Farmers and Fireman's Fund.Regards,
Apparently the Northridge Quake is gonna shake for a long time.
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JimF
USA
1014 Posts |
Posted - 01/14/2003 : 05:41:16
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And anyone wonders why the insurance companies got out of the earthquake 'business'?
Wait til the next 'big one' and the carriers aren't there.
Don't laugh 'Mister Mold', you're next! |
Edited by - JimF on 01/14/2003 05:42:43 |
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Newt
USA
657 Posts |
Posted - 01/14/2003 : 06:41:43
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When demands are unreasonable, I can not understand why the staff adjusters get that way too. DUH
Indemnity does not mean "Jackpot". |
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ALANJ
USA
159 Posts |
Posted - 01/14/2003 : 13:48:11
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Newt:
If you still live in Alabama, you live in a state that has passed tort reform many years ago. Newt, let's here about your personal claims handling experience with attorneys. You posted such a long detailed answer to the question. You must have handled many of these type claims.
I need something to motivate me as I take my breaks from studying. |
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Justin
USA
137 Posts |
Posted - 01/14/2003 : 15:52:05
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Newt, dont let Alan get to you, he is our local DUD FOR THE DEFENSE.
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Newt
USA
657 Posts |
Posted - 01/14/2003 : 16:15:50
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Only two Alan, I spent two weeks in court on one, being stuborn and not wishing to make a settlement on a claim through my carrier, I got my own lawyer. This was a liability claim, and It cost me for my lawyer.
The other party had to pay court costs and left with nothing.
The other was on an inspection, where the owner had covered up damage that was not discovered until a renovation. Sort of an E&O thing. It was determined that there was no way I could have found the damage without tearing out the walls. They were asking $38,000 damages on a 900 sq ft bldg.(concrete block) and got zip.
I don't know what kind of tort reform they have here, I heard about it then it kind of went away. From what I am reading it doesn't have teeth or is not working.
I have nothing against a fair settlement, even the penalties for unfair
trade practices.
In my last sentence I stated I wasn't an adjuster or a legal scholar, and it is just an observation. Something is wrong with the system when Doctors have to borrow money to pay insurance premiums. How are they gonna live higher on the hog? I saw that on TV and wanted to say "POOR BABY", I really feel sorry for him.
The insurance company is not going to go in the red for long, because we, the insured are going to pay it back with intrest. Correction, I say we, Texans are paying it back, not us good old boys from the country.
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KileAnderson
USA
875 Posts |
Posted - 01/14/2003 : 18:36:40
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| I don't mean to turn this into a lawyer bashing thread but, as the number of lawyers goes up, those lawyers have to make a living so the number of frivolous law suits will go up. I just heard today that at a university here in Baton Rouge the parents of a student who was shot and killed outside his dorm on campus are suing the university because they did not provide enough security. Apparently the university should have assigned an armed security guard to every student on campus to guard them 24 hours a day. Our system is broken and if it isn't fixed soon we will all be in the poor house, except the lawyers of course. |
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Anyone willing to help an attorney???
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