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  1. #1

    Question Getting Insurance Company to the Table to Settle

    My question involves insurance law for the state of: WA

    Friend was hit, from behind. His vehicle was totaled. He only had liability, so his insurance has stepped out of the picture.
    The other ins. Company has paid for his vehicle.

    Immediately after the accident, he didn't go to the hospital, but did, 2 days later, and had internal bruising caused by the accident (seat belt)
    Because he has no insurance, and fears his credit will be affected, he has PAID each medical bill as it arrived.

    Currently, the bills for the accident are easily at several thousand.

    The insurance company is balking, trying not to pay...

    They won't respond to his calls, and are giving him the run around.

    We're trying to help... I know a letter (return receipt, proof they got it) is necessary, but I have NO idea how to get them to settle this so he can get his bills refunded...

    I have had accidents, but the ins. companies always wanted to settle quickly... this is new.

    Thanks.

  2. #2
    Join Date
    Sep 2010
    Posts
    18,998

    Default Re: Getting Insurance Company to the Table to Settle

    Have him come here. You've obviously omitted or don't know the pertinent details. Why did they refuse to pay? Did your friend not also have health insurance?

    Well, the easiest thing would be to start here: https://www.insurance.wa.gov/file-co...mplaint-status

    If that doesn't work, he can sue the insurer. That usually gets their attention. If the aggregate is under $5000, he can use small claims. More than that, he should really consider talking to an attorney.

  3. #3

    Default Re: Getting Insurance Company to the Table to Settle

    It seems to me that a letter demanding a settlement and payment of medical bills is necessary before the commissioners office will really do anything...
    So it still goes back to my original question, how to get them to the table... is there rcw to reference, include bills AGAIN, simply tell them they must pay

  4. #4
    Join Date
    Mar 2013
    Posts
    16,862

    Default Re: Getting Insurance Company to the Table to Settle

    Quote Quoting SandlingAllDay
    View Post
    It seems to me that a letter demanding a settlement and payment of medical bills is necessary before the commissioners office will really do anything...
    Can't help any without more details.

    Echoing flyingron's question: Why is the other driver's insurance company balking at paying? Your friend has had conversations with a claim rep at some point, right? What were they?

    Additional questions, the answers to which might elicit helpful comments:

    Date of the accident?

    Is your friend fully recovered or still under treatment?

    Any written correspondence from the claim rep?

    Correcting flyingron's error: One doesn't sue the insurance company, one sues the driver who caused the accident. The driver's insurance company is not a party to the claim. The driver's insurance company represents the driver and pays on his behalf.

    Quote Quoting SandlingAllDay
    View Post
    is there rcw to reference,
    No.

    The RCW unfair claims practices statutes only apply to first party claims - between an insured and his own company.

    See for yourself:

    https://app.leg.wa.gov/RCW/default.aspx?cite=48.30.010

    https://app.leg.wa.gov/RCW/default.aspx?cite=48.30.015

    A claim against a negligent driver is an adversarial one.

    You can write all the demands you want, but if his insurance company doesn't pay, the injured party has no other option but to sue THE DRIVER.

    The insurance commissioner is unlikely to get involved.

    If you or your friend are willing to provide details, you might get more helpful comments.

  5. #5
    Join Date
    Jul 2018
    Posts
    1,280

    Default Re: Getting Insurance Company to the Table to Settle

    Being "technology averse" is not going to serve your friend well in a situation like this. Tell him to join the rest of us in the 21st Century.

    The first thing he needs to do is read the Washington Insurance Fair Conduct Act. If your friend doesn't want to read it online and you're not willing to read it to him or read it and summarize it for him, he should be able to find it at any law library or maybe even at some larger regular libraries.

    If he concludes the insurer is not complying with the law, he can file a complaint with the Office of the Insurance Commissioner (I don't know how to do this other than online).

    If that doesn't work, then his recourse is to sue the other driver (not the insurer). That will trigger the insurer's obligation to provide defense counsel for its insured.


    Quote Quoting SandlingAllDay
    View Post
    So it still goes back to my original question, how to get them to the table... is there rcw to reference, include bills AGAIN, simply tell them they must pay
    I really don't understand what you're asking here. Without some explanation why the insurer isn't coming "to the table," the above is all I can really tell you. It's not as though he can simply say, "RCW 123.45!" and the insurer will say, "aww...you got us. Here's a check."

  6. #6
    Join Date
    Sep 2010
    Posts
    18,998

    Default Re: Getting Insurance Company to the Table to Settle

    Correcting flyingron's error: One doesn't sue the insurance company, one sues the driver who caused the accident. The driver's insurance company is not a party to the claim. The driver's insurance company represents the driver and pays on his behalf
    That is correct, of course. I was thinking that he was having issues with his own insurance company when I said that.

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