Posted on June 26, 2009 in Personal Injury
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.