Has your insurance company ghosted you? Well don't be surprised. It happens more than you think. Our firm has experience in these types of cases. Wilson v. NGIC, 18-cv-00055, (N.D. Miss. March 19, 2019).
This is the fact scenario:
You are in a serious automobile wreck which is not your fault. Your medical bills are already $30,000.00. The at-fault driver has minimum limits coverage. In Mississippi, this is $25,000.00 per person.
You had a good insurance agent who advised you to carry uninsured/underinsured motorist coverage. Your total uninsured motorist coverage is $300,000.00. You contact your insurance company and put them on notice of your accident.
You hire an attorney, and the at-fault driver's insurance company offers to pay you their policy limits of $25,000.00. However, they want an agreement that you and your insurance company will forever release the other driver from further liability. Your attorney notifies your insurance company of the offer and the requirement for a release of the at-fault driver. Your insurance company agrees, and you receive the first $25,000.00.
You completed treatment and have $100,000.00 in medical bills and some permanent injury. Your attorney makes a demand from your insurance company for your policy limits. The insurance adjuster received the settlement package and demand but did nothing with it. Time passes and despite numerous calls, emails, and letters, your insurance company fails to respond to the demand.
In Mississippi, an insurance carrier cannot ghost you or your attorney. The insurance company has a duty to investigate the claim and communicate with the insured or the insured's attorney. Bankers Life and Cas. Co. v. Crenshaw, 483 So.2d 254, 276 (Miss. 1985). If a carrier does ignore you or your attorney, they may be liable for not only the contractual damages, but for your attorney fees and punitive damages. Wilson v. NGIC, 18-cv-00055, (N.D. Miss. March 19, 2019).