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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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is there a possibility of a suit?

This answer was rated:

is there a possibility of a suit?

William B. Esq. :

Dear Customer, thank you for using our service and thank you for requesting me. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

I believe I was just assisting you with the question regarding the vehicle accident, but I want to confirm (we have identifiers of numbers and letters in place of names to keep some level of anonymity for our customers).

Customer:

yes

William B. Esq. :

If I am correct and this is the issue with the van, and the demand letter from an attorney representing the other party, I cannot tell you with certainty whether or not a lawsuit is imminent. Many of these cases are resolved in settlement prior to litigation, but it is my experience that once a Plaintiff has retained an attorney, unless there are realistic settlement discussions almost directly, a lawsuit will be filed.

Customer:

the attorney contacted Geico and they sent me a letter asking for permission

Customer:

I imagine an attorney could be of help in getting Geico to do their duty

Customer:

are you available outside this site?

William B. Esq. :

Keep in mind, I cannot give you specific legal counsel. There are 2 thoughts or "schools" to defending a case such as this (1) is to give them the information, they will get it in any event, so why pick a fight where it is not worthwhile; and (2) fight them on this issue, you do not have to give it to them now, and if they are "bluffing" about a claim, why would you want to hand over the information to allow them to have an edge in negotiating a settlement with you. (I generally fall into the first category, but this decision is something that you will have to make on your own).

William B. Esq. :

Frankly, I still believe that your insurance company should be more proactive in guiding you through this. If their letter does not have any more guidance or information, you should be able to request this from them, and they should provide you with counsel (again, it is their money that will be funding the settlement).

Customer:

ok

Customer:

I am going to call the person in the letter asking for guidance

William B. Esq. :

They should provide it promptly. If you have trouble with the insurance company fulfilling any of their obligations under the terms of your policy, or otherwise not meeting their obligations - you can file a complaint with the Washington Department of Insurance: http://www.insurance.wa.gov/complaints-and-fraud/file-a-complaint/

Customer:

Your information helps me make a better choice

William B. Esq. :

Again, I would recommend building a chain of written correspondence with the carrier, and if necessary speaking with your own attorney (just a consultation if not for representation) prior to filing a complaint as this does significantly impact your relationship with the adjuster.

Customer:

ok

William B. Esq. :

Hopefully the adjuster will become more responsive - this is unusual for the carrier not to more fully and aggressively represent their insured in these types of matters, consumer protection laws are very strong favoring the insureds in personal insurance policies.

Customer:

ok

Customer:

This will really help us

Customer:

thank you again for your advice

William B. Esq. :

You are welcome. Again, I really do hope this matter is resolved quickly for you both.

Customer:

thanks

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