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Can an insurance company refuse to continue to negotiate by email and demand phone contact to complete claim process.

Lubbock, TX |

I was in a vehicle accident. At fault driver received tickets for no driver's license and unsafe speed. He was driving a company vehicle. Their insurance has accepted liability. All but the initial contact by me were by email. I was informed I was being assigned to a third adjuster and given the phone number to call. I have requested this adjuster's email 4 times. Unless I call this number, I have no access to continue or complete my claim process. The previous adjuster's response was a strong suggestion I call the number provided and refused to provide me with the new adjuster's email. Memory loss, thought interruption, blackouts, etc, limit my ability to communicate by phone. How do I proceed with my claim? As well, they have demanded the return of the rent car and the title to my car.

Attorney Answers 9


  1. Although that seems strange, they may believe that there will be a greater chance of resolution if able to speak to you over the phone.

    Is your memory loss, thought interruption, etc. related to the accident? I would highly suggest that you contact an attorney to assist you with your claim because they can help to protect your rights and ensure that the insurance company doesn't take advantage of you.

    Good luck, and I hope you get well soon.


  2. Keep in mind that the insurance company's objective is to resolve the claim by paying the least amount of money possible to you. You should consult with a personal injury attorney to discuss your situation and determine whether legal representation could be beneficial.

    The content of this response is provided solely for informational purposes, and not as legal or other professional advice. Your access to and use of this response do not form an attorney-client relationship with Josh Borsellino or Borsellino, P.C.


  3. They want to talk on the phone for two reasons. First, they can record you and they hope to get something to use against you, and second, they can lie on the phone and there is no record.

    If you have memory loss from this collision, why on earth are you trying to handle it on your own. Get a lawyer to help you. You will end up with more.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.


  4. Insurance companies aren't the richest companies in America because they like to pay out claims. Always retain a local attorney.


  5. Mr. Arbuckle's comments flow with the wisdom of experience. Follow his advice.


  6. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  7. Yes, they can refuse to communicate by e mail. In fact, it is unusual for an insurance company to allow an adjuster to communicate by e mail. For whatever internal management reason insurance companies do not trust their own adjusters to handle things by e mail and there are other issues related to saying things that could be "used against them later" that prevent this. I am surprised that they were communicating with you in this way at all. You have a complicated situation and i strongly recommend you find a local attorney who is Board Certified in the area in which you need assistance. Best of Luck.

    Remember that most legal issues may be more complex and require more information to answer than what you can provide in this forum. This is not a substitute for contacting an attorney of your choice to get legal advice.


  8. Get a local attorney and let him/her deal with them and you focus on the rest of your life. Best wishes.

    Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com


  9. Send a certified letter, return receipt requested re these issues to the carrier and at the bottom Cc the Texas Department of Insurance.

    This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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