How long should I want to hear back from an adjuster for a claim?

Question

I was in an automobile collision where I was not at fault in Aug 2010. I suffered a broken foot where I needed surgery. The adjuster was very nice and indicated he wanted to get this settled quickly. He said I needed to wait until the doctor released me from care before he could settle the claim. In June 20, 2011, I sent him a letter with a packet of photos, copies of medical bills, pay stubs, explanation of the collision, etc. I also told him I expected to hear back form him 30 days from the date of the letter. On July 20th, 2011, He left a phone message saying he needed to get the medical bills directly from the facilities and needed to contact my health insurance for a lien (since they paid for most of my care). That was the last time I heard from him. It is now Jan 24, 2012 - over 6 months later. I did some research and found that the statute of limitations for personal injury is 6 months from now (2 years after the collision). Is waiting 6+ months to hear back from the adjuster as he collects this information Bad Faith?

Donald Broad · Answer

Under Indiana law, it is likely NOT bad faith, but it depends on the circumstances.  With the statute of limitations fast approaching, I would contact him one more time indicating that you will have to hire counsel if you do not receive a response from him.  Then, if still no response, you will likely need to hire counsel.

Travis Prestwich · Answer

Great question.  No, it should not take the adjuster six months to get back to you.  Moreover, if he wants to get the information from your medical providers directly, you will have to give him an authorization to do so.  If you haven't yet (and you shouldn't be the way), then the completion time is even farther out because he can't order records without the authorization.  Giving the authorization allows him to get any of your medical records whether they are related or not to this incident.  There is no claim for bad faith under these circumstances. Oregon's bad faith claims are extremely limited unfortunately.  The state does have a "Fair Claims Settlement Act" but it has no teeth and the Insurance Division does very little to clamp down on insurance companies.  For all of these reasons you are better off with an attorney that deals with these cases day-in and day-out because the attorney has the threat of filing a lawsuit to push insurance companies.

Michael Harvath · Answer

I am a Missouri personal injury attorney that handles claims throughout all parts of the state.In regard to the insurance adjuster's comment that he/she needs to get in touch with your health insurance company concerning a lien-this may be a tactic that they are using to reduce the amount they will offer you as settlement for your claim. Many health insurance companies will not come back and try to collect the amount paid for your treament from the insurance company of the at-fault driver. This is called "subrogation". In order to determine if your health insurance company is going to collect from the auto insurance company for amounts paid for your medical treament, it would be necessary to review the language concerning "subrogation" in your health insurance policy documents. This language should be reviewed closely by an attorney to be sure that your compensation is not being significantly reduced.Also, nearly any time that an accident results in an injury requiring surgery, there is at least some degree of long-term impairment or disability with the body part operated on. Whenever there is long-term impairment, the calculation of the proper amount of compensation becomes very complex. Furthermore, the proper medical and legal arguments must be presented to the insurance adjuster in order to obtain anywhere close to the amount that you are entitled to.It is not uncommon for insurance companies to offer lower settlement amounts when dealing with an unrepresented party.  There are legal methods of preventing insurance companies from delaying, and for obtaining reasonable settlement offers. In order to determine an approximation of the correct value for your claim, additional detail, including the specific type of surgery, would be needed. The level of negligence of the other driver will also be a factor that will affect the settlement value of your claim. You may be entitled to additional compensation in the form of punitive damages, depending on how negligent or reckless the other driver was.I hope this helps to an extent at least. Thank you.

Ronald Lowry · Answer

The adjuster lied to you. He will either avoid you and offer nothing or if you are ever able to get to talk to him he will offer a pittance. This is a common tactic. Sometimes adjusters are able to put off the injured person so long using tactics like this that the statute of limitations runs and filing a lawsuit is legally barred. You are only about 6 months away from that happening.

Richard Copeland · Answer

If the accident occurred in Colorado, the statute of limitations is three years.  Waiting six months is not necessarily bad faith.  You should persistently follow up for an answer to your demand.

Stephen Lombardi · Answer

Maybe your being played to get you over the statute of limitations.

Michael Heilmann · Answer

First of all the statute of limitations in Michigan is three years not two. Second, if you are waiting for economic security from a person who is trained to chest you, you will have a long wait. Did they tell you how much insurance the at fault driver has? If not, they are not trustworthy. Insurance companies are not in the sympathy business, they are in the money business. Your insurance company would pay the lien not the at fault driver. They are yanking your chain until you blow the statute of limitations We have helped hundreds of folks who left their future in the good hands people only to find that the insurance company had their hands in your pocket. Call today.

Jared Altman · Answer

The statute of limitations for negligence cases in New York is three years. But, I think you've made a mistake by trying to handle this yourself. Penny wise and very, very pound foolish. Get to a personal injury lawyer right away.

Bradley Cornett · Answer

In Alabama, the statute of limitations for a personal injury claim based on negligence is two years (as you state in your question).  If you have not filed a lawsuit within two years of the accident date, your claim may be barred.  Once medical treatment is concluded, ninety days is generally sufficient for an insurance carrier to gather documents, evaluate the claim, and make an offer.  You may wish to consult with an attorney.  Most attorneys will provide a free initial consultation.

Richard Lowell · Answer

This is why personal injury attorneys have a job.  First things first.  If your accident occurred in Washington State, you have a 3 year statute of limitations - not a 2 year statute.  (I'm assuming it was in Washington - because you've submitted this question as a Washington inquiry.)  If the accident happened in another state, then you would obviously be constrained by that state's statute.  Second, it is incomprehensible that an adjuster would take that long to get back to you. You've fallen off the radar.  The adjuster is not going to be able to get the records he claims he needs without you providing a signed authorization to him.  Assuming this adjuster isn't an adjuster from your insurance company - you likely have no bad faith claim.  Bad faith claims are generally applied against your own insurance company, only.  I would recommend you contact a personal injury attorney (such as me) ASAP. If your accident was in another State, consider contacting a personal injury attorney in that State.

Bruce Elliott Goodman · Answer

If the statute of limitations for an automobile accident is only 2 years and not 3, this accident must not have happened in Maryland. However, you should contact an attorney immediately.

Ernest Krause · Answer

Probably not "bad faith." Claims examiners are overloaded and rely on clerks to get records etc. Send everything all over again, including your letters and memo of telephone conversations, to claims examiner. Ask him/her to waive the Statute of Limitations for filing a Complaint just to see what happens. Ask for a response within one week. Send your packet to the claims examiner CERTIFIED, RETURN RECEIPT REQUESTED at the post office for proof of delivery. Call a week later. Note everything said in conversation. You need a doctor to tell you if you are totally recovered or if problems in future might occur. Future problems are worth money in addition to "pain and suffering." Ask for 2.5 times what they offer you. Filing a Complaint would cost maybe $350 and it would need to be served on insurance company. Tell claims examiner you'd want that money back. You could search google for blank Complaint form and information.

Eric Haag · Answer

First of all, in Wisconsin, the statute of limitations for personal injury claims is 3 years, not 2 years.  A bad faith claim is only available if you are bringing a first-party claim. In other words, if the claim is against the other driver's insurance company, you do not have a bad faith claim for their delay. If the other driver was uninsured and you are bringing the claim against your own company under your UM coverage, then you would have a bad faith claim.  Even if it is a third party claim, the insurance company is supposed to respond to your demand for damages that are clearly owed within 30 days, and if they don't, they are liable for interest at 12% pursuant to statute. You should strongly consider hiring a good personal injury attorney. The adjuster is clearly not taking your claim seriously, probably because he knows that you are not able to take the case to trial yourself.

Steven Shaw · Answer

No, as there is no bad faith against a third party insurer.  There is bad faith if that insurer fails to make a reasonable settlement, you sue the at-fault driver, you obtain a judgment in excess of the at-fault driver's insurance coverage limits, and the at-fault driver agrees to assign his right to sue his own insurance company for bad faith.  Six months is too long.  If he won't return your calls, then you need to consider filing suit, or at least hire an attorney so that the insurer knows you are prepared to take this to the next level.  I think you would be well served to visit with a lawyer experienced in auto collision litigation.  There are quite a few of us listed on the LawQA website.

Paul Whitfield · Answer

May not be bad faith. Doctors are often hard to get reports from. But you should not wait 6 months, pester the man every month til you get a response. The statute of limitations differs from state  to state. In NC it is 3 years.

Andrew Velonis · Answer

No, it is not bad faith.  He needed to establish that you had achieved maximum medical improvement, get proper documentation to verify the claim and confirm the lien  The MSPRC will tell you that it takes 120 days to confirm the lien, but that's nothing more than a bad joke. Shortly before the expiration of the statute of limitations, he will give you a low-ball offer in hopes that at that point you will have difficulty getting a lawyer.  You could have gotten a lawyer back in 2010, but no, you are just too smart.

Lawrence Marraffino · Answer

I am sorry to say that any time you are injured in a car accident, you really do need an attorney to maximize your damages.  I know that sounds self serving, but I have never seen a client come into my office with an offer that we could not better by more than the attorney's fees they had to pay us to get.  Please get the advice of a local attorney.

Steven A. Schwartz · Answer

If your "demand" package included everything necessary, then 6 months is far too long.  More importantly, and I can't stress this enough, you have described an accident and injury where you need to be represented by experienced legal counsel.  I know the adjuster may be "nice," but you need to understand that insurance companies are in the business of making money like any other business.  They do not like to pay out on claims if they can help it.  In this case, the adjuster would love to speak with you about a settlement directly because you do not have the negotiating experience to know what a fair settlement is.  This happens quite often, and insurance companies take full advantage of this and are often able to settle claims well below their fair value.  In fact, the Insurance Research Council reports that people represented by counsel obtain more than 40% additional compensation.  It just makes sense to have counsel on this matter.  At a minimum, I encourage you to contact an experienced personal injury firm for a free consultation.  Your injuries were severe (fracture and surgery), and you owe it to yourself with everything you have gone through to obtain the maximum compensation possible.  You are entitled to it!  You also want to be compensated for any future problems you may have.

Eric Rothstein · Answer

If this was in New York, the statute of limitations in 3 years. If it was New Jersey, its 2 years.  I suggest that you retain a personal injury attorney because, as you are experiencing, insurance companies will take advantage of victims who don't have lawyers.  If the accident was in New York, you suffered a "serious injury" as defined in the Insurance Law, which is a requirement to collect money for pain and suffering.  Has the adjuster told you what his insured's policy limits are?  Is your SUM/UM greater and if "yes" have you made a claim?  Without a lawyer, how will you know how much your case is worth? Depending on what type of surgery you had, you may have a 6-figure pain and suffering claim.  Trying to do this yourself is not a good idea.

Josh Lamborn · Answer

This adjuster is waiting you out in the hope that you will not hire an attorney and blow the statute of limitations.  Waiting until the last minute to hire an attorney is a mistake.  It is fine to negotiate your case on your own, but if you were unable to settle the case before now it is time to find an attorney so he or she can properly investigate the case prior to filing a lawsuit on your behalf.  Six months may sound like a long time, but for the attorney to properly assess the case they may need to order more records, interview witnesses, order police reports, hire experts to do independent evaluations of you or myriad other important things to appropriately draft a lawsuit.  Additionally, the lawyer needs to make sure they can still find and personally serve the defendant driver with the lawsuit.  Even if you file the case on time, but fail to properly serve the defendant your case will be barred by the statute of limitations.  Many attorneys will not take cases if there is too little time left to conduct an adequate investigation before filing the case.  Attorneys can open themselves up to professional liability if they take on a case at the last minute and make a mistake that they cannot fix before the statute runs.    You need to find a qualified personal injury attorney as soon as possible.

Timothy Klisz · Answer

You need an attorney ASAP!!!!  They are fooling around with you and will never pay until its too late.

Jeffrey Lapin · Answer

Before answering your main question I will discuss some other items discussed in your Question and other information you provided.  Initially, assuming this accident occurred in Nebraska and neither the State or any political subdivision (i.e. city, county, school district, etc.) is involved, the statute of limitations for a motor vehicle accident is four (4) years from the date of the accident, not 2. See Nebraska Revised Statute 25-207, which states, in part: "The following actions can only be brought within four years: . . . (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated"  Second, it is virtually impossible for you to have a "bad faith" claim against another driver's insurance company. Under the scenario you described, you do not have a "bad faith" claim against the insurance company. However, you might considering contacting the Nebraska Department of Insurance, which could sanction the insurance company for an unreasonable delay or at least get the insurance company to make you an offer so they are not sanctioned by the Department of Insurance.  As to your basic question, "How long should I want to hear back from an adjuster for a claim?" I believe you have waited long enough. Six months should be plenty of time to get the information they requested unless Medicare or Medicaid is involved, which does cause things to take a lot longer.  I would suggest contacting the insurance adjuster, or his or her supervisor, and find out why you have not received a response. They may have a valid reason for the delay such as them not having received the information they requested despite their best efforts. Assuming they do not have a good answer, such as Medicare, I would give them 14-30 days to respond to your offer. If you do not get a response, you then should file a lawsuit rather than continuing to wait. Please be advised that, assuming the at-fault driver is still alive and has not filed bankruptcy, your lawsuit is against the other driver, not the insurance company. The insurance company hires an attorney for their driver and pays you, up to their liability limits, if you settle or if your case goes to trial and you obtain a verdict (jury award) or judgment (trial judge award). They are not a party to the actual case though.

Vincent Bernabei · Answer

Yes it is.  He will wait until the 2 year statute of limitations approaches, and then offer a measly amount to settle your case.  If you wait for him, you will have to either accept the settlement or your claim will be barred.  To combat this, you should contact an attorney now.

Linda Chalat · Answer

You are correct in your suspicion that the adjuster is deliberately delaying resolution of your claim - often people do patiently wait, thinking that hiring an attorney would only complicate things,  and then are told by the insurance company their claim is denied and the statute of limitations has passed so the victim is left with no legal recourse.  The good news is that the statute of limitations is three years for motor vehicle accidents in Colorado.  I would recommend talking with a personal injury lawyer - most provide free consultations and offer representation on a contingency fee basis, no attorney's fees without a recovery for you.  The insurance adjuster will never pay you the full value of your claim without the threat of a trial - and that will only be a viable threat is you have a trial lawyer working for you.

Howard Mishkind · Answer

Waiting for  6 months is not necessarily bad faith but it certainly is unreasonable. I would suggest since you have carried the ball this far without hiring an attorney that you call the adjuster and let him know that if you do not have a reasonable offer from him for your injuries within 14 days from the call that you will have no alternative but to hire a lawyer to file a lawsuit on your behalf. That should get him moving and if he suggests that he is still waiting on information I would challenge him to explain what it is and what he has done to try to get the information.

Thomas Bulman · Answer

You have waited too long.  Call an attorney and file your lawsuit.

Francis Paul Hajek · Answer

You should not wait any longer.  Contact an experienced injury lawyer at once.  You do not want to wait until the last minute to file your case.  A good injury lawyer wants time to get all the record, verify the defendant's address and obtain service.  You are playing with fire if you wait to the deadline to try to settle with an adjuster who is clearly manipulating you.

Cary Smalley · Answer

One could make an argument of bad faith but the insurance company could also argue that it is still attempting to investigate your claim and conducting due diligence.

Steven D. Dunnings · Answer

Your research is inaccurate. The statute of limitations for a tort is 3 years from the date of the accident. If you have not heard by the claims adjuster by now, you should hire an attorney.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

How long should I want to hear back from an adjuster for a claim?

29 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer