Is the Insurance Company Screening Your Calls - Personal Injury Legal Blogs Posted by Christian L. Faiella - Lawyers.com

Is the Insurance Company Screening Your Calls

Ever call someone who never calls you back?  You start to wonder if they are screening their calls and just don’t want to talk to you. Sometimes insurance companies act that way by ignoring you when you have made a claim.

If your insurance company is not responding you have a way to fight back. The Unfair Claims Settlement Practices Model Regulations require that your insurance company respond to your claim in 15 days.  The insurance company must accept or deny your claim and tell you why in writing.  If for some reason your insurance company needs more time they must tell you within 15 days why the need more time, and there position must be reasonable. 

Virtually every state has adopted the Model Act or its equivalent and violations may reported to your State Department of Insurance.  In some states violations may give you the right to sue your company for violation of the Act.  Even where you cannot sue for violation of the Act, its violation may be used as proof of a breech of contract or bad faith claim. 

So what do you do if your insurance company is screening their calls.  Write them a letter and tell them that under the Unfair Claims Settlement Practice Act they have a limited time to respond to your claim, and you want an answer in writing as required by the Act.  I bet they will get back to you, but if not complain to your department of insurance and then consult with an attorney who handles insurance claims denials.

View Attorney Profile

Christian L. Faiella

Licensed since 1995

Member at firm Gump & Faiella

AWARDS

AV Preeminent

RECENT POSTS

  • Reservation Of Rights
    Posted on June 26, 2009

    When you have a claim or suit made against you, and your insurance company does not believe that you have coverage under the policy it may send you a reservation of rights letter. Sometimes they might ask you to sign something called a non-waiver agreement, but it boils down to the same thing, the company wants to ... Read more

  • If You Don’t Know Your Rights, You Don’t Have Any
    Posted on June 22, 2009

    Policyholders, the insurance contract is not an exciting thing to read, but it should be read.  I have found that many insurance agents, claims adjusters, underwriters, and attorneys don’t understand insurance policy language. So why should you read the policy if even some professionals have difficulty? Well, the simple answer is the more you know, ... Read more

  • Policyholders, Don’t Believe The Hype, You Are Not Friends
    Posted on June 22, 2009

    Nationwide tells you they are on your side, State Farm, is like your good neighbor and Allstate has you in good hands, but reality check, they are not.  The truth is that insurance companies are businesses that sell financial protection against risk.  What you get for your dollars is a promise of payment under the ... Read more

Christian L. Faiella

Licensed since 1995

Member at firm Gump & Faiella

AWARDS

AV Preeminent

RECENT POSTS

  • Reservation Of Rights
    Posted on June 26, 2009

    When you have a claim or suit made against you, and your insurance company does not believe that you have coverage under the policy it may send you a reservation of rights letter. Sometimes they might ask you to sign something called a non-waiver agreement, but it boils down to the same thing, the company wants to ... Read more

  • If You Don’t Know Your Rights, You Don’t Have Any
    Posted on June 22, 2009

    Policyholders, the insurance contract is not an exciting thing to read, but it should be read.  I have found that many insurance agents, claims adjusters, underwriters, and attorneys don’t understand insurance policy language. So why should you read the policy if even some professionals have difficulty? Well, the simple answer is the more you know, ... Read more

  • Policyholders, Don’t Believe The Hype, You Are Not Friends
    Posted on June 22, 2009

    Nationwide tells you they are on your side, State Farm, is like your good neighbor and Allstate has you in good hands, but reality check, they are not.  The truth is that insurance companies are businesses that sell financial protection against risk.  What you get for your dollars is a promise of payment under the ... Read more