I don't think it's unusual for 30 days to have passed before everything is finalized. If the adjuster is truly MIA, the lawyer has two basic options: get the adjuster's supervisor to do the adjuster's job, or (if that doesn't work) file the claim.
Be careful in what you wish for if you are wondering why your lawyer hasn't "gone nuclear" to get things resolved quickly. Usually that involves something that will cost you extra in case expenses, which would lower the total amount you could hope to receive from the settlement total. Filing a claim, for example, would probably cost between $200 and $300, depending on the local court fees. Is it worth that much money to you even IF you could guarantee the check would arrive in two weeks instead of four? (And that's a big if - it would be more likely to slow the process down.) Probably not, and that is probably what your lawyer is relying on by remaining calm and quiet in spite of the delay.
As Dennis Miller used to say: "That's just my opinion. I could be wrong." But I think I'm probably right on this one.
I cannot discern from your explanation whether or not this is a claim against your own insurance company for UM or UIM coverage or if it is against an adverse drivers insurance. If you had a claims adjuster then you would have had a claim number. Obtain that claim number and you can do one of 2 things, number 1-call the insurance agency (not the insurance company) and asked them for a status; number 2-call the insurance company and ask for status. Do not offer any information other than that you are the claimant.
There are plenty of examples I give you where the adjuster assiged to a particular case goes MIA. I suspect that you are probably just one of many claims the adjuster is handling. Sometimes it can take a while. I do not however agree witht the prior comment about calling the insurance carrier yourself. If you are represetned by an attorney and the insurance carrier knows that, they should decline to speak with you. In addition, you do not want to inadvertently provide any infoirmation to the insurance carrier which may effect your case. I would recommend writing a letter to your attorney to document your frustration. He should be able to get someone else at the insurance comapny to give an update as to where you are things are at in the case.
Call and set up an appointment with your lawyer to determine the settlement status. When a claim is settled you must sign a release. So if you have not signed a release, the claim is not settled. I have standard releases that I use in various types of claims, and sometimes particular claims adjusters will require that their company's release be used instead, but generally this process takes approximately 3 weeks from submission of the release to receipt of settlement funds. That time period can vary. The personal injury attorney usually has an interest in expediting any settlement, because this is the only time we get paid, when we settle a case.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.
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