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If a claims adjuster threatens to close their file and then does, does that mean that the insurance company will not negotiate?

Miami, FL |

I am dealing with a personal injury case. There hasn't really been any negotiations just some requests to gather insurance information from the lawyer. I was wondering however if it came to a point where the adjuster did in fact close the file, in all likelihood would that mean negotiations are over before filing a lawsuit?? Please keep in mind no negotiation has taken place at all.

Attorney Answers 10


  1. You can always ask to reopen case, however, it does not sound good for you.


  2. Filing a lawsuit will get them to re- open your file!


  3. I hear this from adjuster often: "we will close this case." My response is usually that its fine, but, that they will only end up re-opening the case when I make my demand. As long as you are still within the time to make the claim (the Statute of Limitations has not passed) you can always have them re-open the case. If they refuse, then you can file a lawsuit.


  4. As a past adjuster and attorney I can tell you that "closing a file" would mean that the adjuster does not see any exposure and is telling you as much. Your option is to file suit to get an attorney for the insurance company and their insured who may be open to discussions.

    I recommend that you discuss this with your attorney.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  5. Hard to read that but if its a good case who cares- file suit and let a jury tell the adjuster how much to pay you


  6. I cant say for sure in your situation, but I often have adjusters tell unrepresented claimants that if they dont provide the info the adjuster is requesting, that they will have to close the file. Ive even had a few tell me that. I laugh. As long as the statute of limitations isnt about to run, I dont give a da_n, if they close thier file. They will just have to reopen it when I send in the demand. Many unrepresented people think they have to provide whatever the adjuster asks for or if the file is closed that means they lose their claim. That is BS designed to get people to cooperate and give the adjuster things that often arent in your best interest to give them. You should talk to alwyer locally for some advice in your case.


  7. Lots of good answers here. I would add adjusters tell unrepresetned people all the time they will close the file if you dont give a recorded statement or sign medical release. Don't do either wihtout consulting an attorney. Giving a recorded statement without knowing the legal issues involved in the case and being fully prepared could seriously hurt the claim. And signing the insurance authorizatin will give them access to all of your medical records een those totally unrelated ot your case and sometimes the release even allows the insurance company to call or write letters to your doctor, all of which is intended to hurt your case.

    You indicate that no negotaiton has taken place. Are you done with medical care and ready to negotiate? Dont let them push you into talking settlement until you are done with medical care because settling closes the case forever.

    Good luck

    I am licensed to practice law only in Illinois. Any advice that I render is for general information purposes and does not create an attorney-client relationship. Also it is very important to keep in mind that all legal claims have statues of limitation to file that cannot be missed. A local attorney should be consulted to learn the time limits applicable to a particular claim.


  8. Bottom line is that trying to resolve a personal injury case without a lawyer has two outcomes: #1. no money or #2. a tiny nuisance settlement. Retain a local lawyer to pursue.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  9. You can read all the answers posted here but the bottom line is this: You need to hire an attorney. I know of many people who try to settle their own personal injury cases. I have never seen anyone settle their case for more money than an attorney would get. Usually, an attorney can settle a case for more money for the client INCLUDING what the client has to pay in attorney's fees. So stop complaining on this website and hire an experience and preferably a Board Certified Civil Trial Lawyer, the specialty that covers personal injury cases.

    Board Certification for Lawyers: What Does It Mean?

    Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice.

    Certification is the highest level of evaluation by The Florida Bar of the competency and experience of attorneys in the 24 areas of law approved for certification by the Supreme Court of Florida.

    Established in 1982 by the Florida Supreme Court, board certification helps consumers identify specialists in various areas of law.

    Board certified Florida Bar members are the only Florida attorneys allowed to use the terms Board Certified, Specialist, Expert or B.C.S. for Board Certified Specialist when referring to their legal credentials

    Lawrence J. Marraffino
    Florida Personal Injury Attorney
    Board Certified Personal Injury Attorney
    www.ljmpa.com

    This answer cannot be a substitute for legal advice which requires more information from the client than can be obtained in this forum. Therefore this answer CANNOT BE RELIED UPON AS LEGAL ADVICE FROM THIS ATTORNEY.


  10. In most instances, the adjuster's "Closing the file" is nothing more than an administrative action taken by the insurance company. As long as you are within the proper time period alloted by the Statute of Limitations for yoru particular accident/injury, the insurance compnay will be forced to re-open your file upon your filing a suit, or if a demand is sent by you or an attorney.

    I would urge you to at the very least consult with an attorney in your area who specializes in personal injury cases. Based upon the circumstances of the insurance policy at issue, the insurance contract may call for you to take certain action, or provide certain information to the insurance carrier. I will caution you that under no circumstances whoudl you sign any release of your claim without first consulting with counsel to make sure your interests are properly represented.

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