Frequently an attorney representing a person who has been injured in a car crash has to deal with two insurance companies – the insurance company of the at-fault driver and the client’s own insurance company.
If the policy limits of the at-fault driver’s insurance company are not sufficient to pay for the client’s losses, then we hope that the client has purchased Underinsured Motorist (UIM) Coverage. This coverage provides an additional layer of protection for clients who are seriously injured.
For example, assume that a client has suffered $150,000 in medical bills and other harms and losses. If the at-fault driver only has a $50,000 policy limit, and the client has a $200,000 of UIM coverage, then the client can be fully compensated for her injuries.
Right now I have a client for whom I was able to obtain a policy limit settlement from the at-fault driver’s insurance company. I then turned to the claims adjuster for my client’s UIM coverage. Despite repeated promises to discuss settlement with me, she has failed to do so, notwithstanding numerous e-mails and correspondence sent to her.
The client’s UIM policy states that disagreements over the amount of UIM payment are to be settled through arbitration. Therefore, after the adjuster repeatedly failed to discuss settlement, I have now requested formal arbitration. Not surprising, my request to schedule an arbitration has also been ignored.
So what I’m going to have to do is sue this insurance company. That’s too bad, because it wastes court’s time, increases the expense of the claims process, and generally increases the overall amount of aggravation of everyone concerned.
The sad part of all this is that, from early dealings with this adjuster, she seems like a nice person trying to do her job. What’s probably behind the delay is that adjusters are frequently given too many files than they can handle. Instead of being able to do their job in an orderly and professional manner, they spend their days putting out brush fires. So the next brush fire she’ll face is my lawsuit, when it lands on her desk.
Meanwhile, my client continues to suffer from his injuries.