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I SUFFERED A BURGLARY ON 09/15/2008. REPORTED TO POLICE AND MADE A CLAIM. THE INSURER SENT AN EVALUATOR AND PAID FOR THE PROPERTY DAMAGES CAUSED BY THE ROBBERS, ALL THIS IN LESS THAN A MONTH. BUT THEY TOOK ANOTHER MONTH TO MAKE A SETTLEMENT OFFER OVER THE PHONE FOR HALF THE VALUE OF MY STOLEN PROPERTY, TO WICH I DECLINED. AFTER THAT THEY TOOK ANOTHER MONTH AND CHANGED THE CLAIM ADJUSTER, WHO REQUESTED AN INVESTIGATION. MY WIFE AND I GOT SEPARATE INTERVIEWS. LATER, THE CLAIM ADJUSTER CAME TO OUR HOUSE AND SAID THAT SHE WOULD CONTACT THE POLICE OFFICER WHO FILLED THE POLICE REPORT. WE DIDN'T HEAR ANYTHING SINCE, DESPITE SEVERAL PHONE CALLS. IN JUST ONE MORE MONTH IT WILL BE HALF YEAR SINCE WE REPORTED OUR LOSS. THE BURGLARY TOOK PLACE IN EL SOBRANTE, CA. 94803. WHAT WE SHOULD DO? THANK YOU .

Submitted: 287 days and 8 hours ago.
Category: Legal
Value: $30
Status: AWAITING CUSTOMER ACTION
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Posted by PaulMJD 287 days and 8 hours ago.

Answer

What you should do is gather as much proof as possible of the property was stolen, photos, receipts whatever you can gather. Also, you need to obtain proof of the value of the items. You then need to make a written list of everything you feel you are owed and send a demand to the insurer for payment within 30 days of your demand. If they do not settle, then at this point you would want to consider engaging an attorney to sue them for not just recovery of your money owed, but for damages and attorney's fees for them being in bad faith in not paying your claim.

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265 days and 1 hours ago.

Reply

WE ALREADY COMPLIED WITH THE INSURANCE COMPANY REQUEST OF PROVIDING ALL RECEIPTS AND THE TOTAL VALUE OF THE STOLEN PROPERTY, BUT NOW THEY HANDED OUR CLAIM TO AN ATTORNEY WHO CALLED US TO REQUEST AN EXAMINATION UNDER OATH TO TAKE PLACE IN THEIR OFFICES. WE LEFT A MESSAGE TELLING THAT OUR LAWYER WILL CONTACT THEM IN THE NEXT FEW WEEKS. IT WILL ALREADY BE 6 MONTHS THIS COMING MAR/15. SHOULD WE COMPLY WITH THIS LAST REQUEST OF AN EXAMINATION BY A LAWYER? THE FIRST CLAIM ADJUSTER ALREADY OFFERED US A SETTLEMENT OVER THE PHONE, WHEN WE DECLINED THEY CHANGED THE CLAIM ADJUSTER TO ANOTHER THAT REQUESTED A SEPARATED INTERVIEW WITH MY WIFE AND I, TO WICH WE COMPLIED. LATER, SHE WANTED TO SEE OUR HOUSE, TO WICH WE AGREED. 2 WEEKS AGO A REPRESENTING LAWYER IS REQUESTING ANOTHER INTERVIEW WITH US: AN EXAMINATION UNDER OATH ACCORDING TO THE MESSAGE THEY LEFT ON MY CELL. AT THIS POINT, AFTER ALMOST 6 MONTHS WE FEEL FRUSTRATED AND HARASSED. WHAT WE SHOULD DO?

Answer

At this point you have to choose to undergo the examination under oath with or without an attorney of your own. If you have nothing to hide and your claim is legitimate, then giving the statement should not be objectionable. The statement under oath is what insurance companys do to narrow a statement down and lock someone into their statement so they cannot change it later down the line. You do not need to have a lawyer present at the statement, but if you would feel more comfortatble then hire an attorney now and let the attorney begin pursuing the case and let the insurance company know you are not going away.

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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 3/3/2009

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JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

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