Sometimes an insurance company alleges that the injured victim of an accident was partly responsible for causing that same accident, or for causing harm to one of more individuals. If that allegation were to be accompanied with some type of pressure tactic, then it could be considered unethical.
Actions to be taken in response to such an unethical tactic
It is important to mention to the insurance adjuster the consideration of sending a complaint to the proper state office.
If the insurance company has not changed the tone of its tactic, then search for the address of the office to which a letter should be sent. If you were working with an injury attorney in Lincoln, then that member of the legal system should find the address for you. He/she will prepare the complaint/letter. It should include the following:
• Date of the accident
• Names of the involved individuals
• Description of claim
• An explanation of the problems encountered during the claims process
• A copy of any written correspondence between you and the insurance company that was sent to the insurance company
• Reference to the number of times that you spoke with any of the insurance company’s employees
Send the prepared letter to the address that you have learned, or have been given.
Other unfair tactics that should trigger preparation of a similar letter
• The insurance adjuster has refused to settle, or even to make an offer
• The claims department has caused a delay in the settlement negotiations, and has not provided an explanation for that same delay.
Why would the sending of such letter help to get results?
The insurance company would know that the same letter would be placed in the files of the state’s office. That would mean that the same office would have its eyes on the company that had given some claimant a reason for writing a complaint. Any driver would understand what it is like to be watched by an authority figure, such as a police officer.
Today, an insurer would realize that anybody that took the time to write such a letter might also elect to go online and submit a testimonial, regarding the company’s tactics. The posting of that testimonial could limit the number of potential policyholders. Insurance companies cannot survive if they have to payout more money than they are able to take in.
If the case were to go to court, the fact that the claimant had felt compelled to send a complaint would not speak well for the defendant (the insurance company). Hence, it has reduced the chances for a win by that same defendant. Hence, the adjuster could be more inclined to work within the established claims process, and to assist with eventual creation of a fair settlement.