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My new adjuster dosen't seem to know what is going on with me case. What to do? Is my insurance not doing right?

Berkeley, CA |

I am encountering a personal liability lawsuit where the case has been filed to preserve the SOL according to court documents and they just served me after 7 months of filing to suit. I just found out about this 2 weeks ago. First my insurance agent just told me to wait till the other side serve me the paper. Now that I have been served. I was able to use the case number to see all other submitted docs to the court house. Apparently, the other party have delayed serving me twice where they claim "negotiating with insurance company". The court paper requires them to serve me with in 60 day of filing. Now my insurance adjuster said the other side never submitted any medical related expenses or ask for any amount for a settlement. The adjuster who used to work on my case no longer works there

My new adjuster claiming that she is new to the case. My insurance never contacted me since the accident when they called to get my statement and sent someone over to take pictures and two and a half years later I just found out I am being suit in a letter they sent me saying I have a new adjuster. I thought this accident case was settled when I havent heard from them in so long and I didnt think much of it then, until now. I am so stress out and afraid my insurance company is not protecting me or doing their job right. I dont want to be on the hook for their mistakes. According to court docs there has been two management conferences schedule that I never heard about till when I search the docs online myself. Neither party show up on the first one, the other party's lawyer show up for the second one. Can my insurance just do things without informing me?

Attorney Answers 9


  1. Relax! Your insurance company will hire you counsel and aggressively defend you. Make sure you are a "squeaky wheel" and require your insurer and counsel to actually do the work.
    If they don't then you can consult with a personal counsel particularly if you have any financial exposure above your policy limits.

    Good luck!


  2. Its a slow process. Have patience and forward everything to your adjuster.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  3. You need to find out who your new adjuster is and get status immediately. An answer to the complaint must be filed in court within 30 days of when you were served. The insurance company will provide you with an attorney to file the appropriate pleadings.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.


  4. I agree with what was advised by these two attorneys; however, if ultimately towards the end of the case, your insurance company does not handle your case in "good faith" under your insurance policy and if your own insurance company leaves you open to personal financial liability outside your insurance policy limits, you will definitely want to consult with your own private counsel. In addition, the plaintiff's attorney in this case that has been filed against you, may end up representing you if you assign your case of bad faith against your own insurance company to protect you against personal financial liability outside your own insurance policy limits.


  5. Your insurance company will provide a lawyer to defend.


  6. You do not mention anything about the plaintiff's injuries or your policy limits, so it is impossible to even hazard a guess as to whether you should be worried about this case as much as you are, but one thing that does seem clear is that you have some unreasonable expectations about the level of communication from the insurance company to you. Their job is to provide you with a defense and to pay any judgment up to their policy limits. They are not required to consult with you about case developments or advise you when conferences are scheduled. There are situations when you want to get involved - particularly if the plaintiff makes a reasonable demand to settle within the policy limits and the insurance company rejects the demand and puts you at risk of a judgment above the policy limits, but we have no way to determine if that is a risk here.

    Simply for peace of mind you might want to present the facts to a lawyer in a one hour consult - you can find many good ones on Avvo.


  7. Your insurance company will hire counsel to defend you. Make sure that simply stay in contact with your insurer.

    An attorney-client relationship is NOT created through the use of this website or by answering this particular post. Each claim is different and must be judged on its own merits. The response herein does not constitute legal advice. The response is in the form of legal education and is intended to provide general information about the matter within the question. Questions may not include significant and important facts that could significantly change the reply. Mr. Price is licensed in MO only and strongly advises the questioner to confer with an attorney in his or her particular state in order to ensure proper advice is received.


  8. Your insurance company is pretty much in charge of your defense, up to the limits of your coverage. If you have received a summons and complaint served upon you, you need to forward those documents to your carrier immediately and demand that they file an answer to the complaint and defend you.

    Your insurance company will appoint an attorney (not an adjuster) to defend the legal action in court. Once your attorney is assigned, I suggest that you schedule a face-to-face meeting with the attorney to discuss the posture and status of the case. At this juncture, I would not be overly concerned and would rely upon my insurance company to take the appropriate steps to defend you in court.

    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.


  9. Your insurance company has a legal duty to defend you. I'd document your trail with letters to the adjuster in the event your insurance company fails to perform its duty. If your new adjuster is not responding, you can ask to speak to his/her supervisor and go up the ranks. It is, however, typical for there to be delay in getting records to an adjuster and it seems somewhat reasonable that the attorneys are delaying the suit if they are negotiating in good faith to settle the claim. Keep calm and I wish you the very best.

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