Personal Injury Law

Car insurance company says, "we're going to close the file if we don't hear from you"

By Ben Glass

Met with a nice couple within the last few days. They were very distressed. The wife had been in a car accident and was still under treatment. The distress was being caused by a major car insurance company and its adjusters.

What were they doing?

Persistently calling, emailing and calling on the cell phone to pressure the couple to settle. Not only that but they were telling the couple that if they didn't settle soon, the insurance company would "assume that you don't intend to make a claim and we will close the file."

I hear this nonsense frequently. It is not only unethical but downright stupid. Unethical because it suggests that no claim can be made once we "close the file" and stupid because it drives people to go see a lawyer.

Being mean, nasty and intimidating is stupid no matter what business you are in.

Here's the truth.

Generally, in Virginia, you have two years to file a lawsuit related to a car accident. The insurance company can't do anything about that rule. It can't "close the claim" and prevent you from filing a lawsuit. It has no power to do that.

This couple was doing the right thing. You generally don't want to settle when you are still in treatment. Once you settle you claim IS over.

I told this couple that they should just write the insurance company and tell him that he was not to contact them anymore and that they would get back to him when they were ready. Instruct the insurance company to not write, call or email.

Full post as published by Northern Virginia Personal Injury Lawyer on April 18, 2008 (boomark / email).