Delay, Delay then….”surprise…your claim will expire!”
Met with a very nice lady and her husband yesterday. Rear ended almost two years ago. Herniated discs in her neck and over $100,000 in medical expenses for surgery. The defendant was insured by one of the major insurance carriers.
Here’s the drill they used:
Provide no information TO the claimant, only ask for information FROM the claimant;
Change adjusters at least four times during the claim…each time an adjuster comes on board ask for all of the information all over again;
Keep asking for more information but PROVIDE no information;
Then, with two weeks to go before the statute of limitations expires, tell the claimant “if we don’t have everything we (keep) asking for in two weeks we are closing your file because your statute of limitations will expire.”
That’s right. These nice folks who got hit didn’t know that there is a two year limit for filing a lawsuit in Virginia. If you don’t file your claim in court in two years it is “forever barred” as they say.
Did the insurance adjuster do anything wrong? NO! The insurance adjuster working on your claim owes you NO duty. They work for the insurance company and are bound to act in the best interests of their company and their insured.
So, no, the adjuster is under no duty to tell you about things like the statute of limitations. They don’t give you legal advice.
That’s why I write the Virginia Accident book that I do, record the CD’s and DVD’s and created the most extensive legal information website in Virginia.
Just so you’d know (and won’t have to rely on the insurance adjuster.)
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