I have a complaint filed with the Texas Dept of Insurance [TDI] which was deemed justified. Without telling names, a PA contacted me after learning of this on TDI's website. He sent me his contract which I agreed to sign [and did and sent back contigent that he would mark out the section in quotes below and send back with his signature: Insured has elected to pay for Adjuster's services as a contingent fee of 10 % percent of the claim “to be charged to Insured whether the loss is settled or paid by the Insurer. The Insured expressly authorizes that the name of XXXXXXX be included on all drafts or checks issued pertaining to this Agreement. The policyholder hereby grants Adjuster a lien on recovered proceeds received by the policyholder to the extent of the fee due to Adjuster pursuant to this agreement.” …… “If the insurance carrier pays or commits in writing to pay to the insured the policy limits of the insurance policy in accordance with Insurance Code Article 6.13 or §862.053 within 72 hours of the loss being reported to the insurer, the public insurance adjuster is not entitled to compensation based on a percentage of the insurance settlement, but is entitled to reasonable compensation for the public insurance adjuster's time and expenses provided to the insured before the claim was paid or the written commitment to pay was received.” He did not. This happened on 7/30/12. I tried to reach him from August 3 through August 15 to answer some questions and give me a status update as he was supposed to put a call immediately into my insurance company after he received the contract from me. He ONLY responded when I said that I had something very urgent to tell him –{on Aug 15} and then it took him 2 days to email me back which by this time was August 17. He never returned my calls nor gave me an update even to this moment as to what he has actually done on for me since I signed the contract nor has he mentioned sending that marked up version back. I then sent him an email stating that I no longer wanted his services which included the following [advice I received from a family friend who is a public adjuster as well]: On Fri, Aug 24, 2012 at 2:15 PM Mr.XXXX I am not sure what the status is but in speaking with a family friend, he suggested that an attorney would be my best bet on this claim since the company did violate some key areas by which they are regulated by. While I am very confused as to what to do, I don't want to find myself paying to separate individuals nor do I want to waste anyone's time. It does not appear that you have gone very far or been allowed to by the company, hence, it is probably best to head a different direction. If you have any questions, please let me know. I hope you understand that I appreciate your willingness to assist me and wish you gratiuty in the future. Regards, -------------------------------------------------- He replied with the following: How is the appraisal going? Your contract with me is very clear, you have exceeded the time to back out. It is important that you communicate with me, I hope you understand. ------------------------------ NOTE: He was not going to work on the appraisal invoked by the insurance company – I had to still manage this. He has this at the bottom of his contract and since it relates to fees, it should have also been something that was marked out [the contract and fee part only] that he said he would do and send back: THE INSURED MAY CANCEL THIS CONTRACT BY WRITTEN NOTICE TO THE PUBLIC INSURANCE ADJUSTER WITHIN 72 HOURS OF SIGNATURE FOR ANY REASON. WE REPRESENT THE INSURED ONLY. YOU ARE ENTERING INTO A SERVICE CONTRACT. YOU ARE BEING CHARGED A FEE FOR THIS SERVICE. YOU DO NOT HAVE TO ENTER INTO THIS CONTRACT TO MAKE A CLAIM FOR LOSS OR DAMAGE ON A POLICY OF INSURANCE. Question…. It is obvious that he doesn’t want to release me. He has not performed on this contract that I am aware of as I have not even received a letter from the insurance company stating that they were contacted by him to confirm this which I would think is required? Is there something I can do or say so this person doesn’t make my nightmare worse? To give a few more details….I am chronically ill and am constantly on heavy narcotics, hence, legally should not be entering into any contracts in my state of mind….I take at least 240 mg of Oxycontin and 10 vicodin pills a day to handle my painful conditions – all very documented. If I wanted to be nasty I could bring this up could I not? I just need help….bc the insurance company has not made any moves what so ever and if they do, I need the money to fix my house. Again, I am not trying to rip anyone off here. It has been 3 wks, no return contract, communication nor statuses or actions…why cant I fire this consultant or cancel the contract? Please help…..washed out in Texas.
State: 
Texas

About The Expert

Amy Bach

Amy Bach has been a professional advocate for insurance policyholders since 1984 and an attorney since 1989. She co-founded United Policyholders in 1991 and serves as the organization's Executive Director and primary spokesperson; shaping and overseeing the Roadmap to Recovery™, Roadmap to Preparedness, and Advocacy and Action programs. She is a nationally recognized expert on insurance claim and legal matters; frequently interviewed in print and broadcast media, and the author of numerous publications including "The Disaster Recovery Handbook", "WISE UP: The Savvy Consumer's Guide to Buying Insurance" and consumer tips and guides in the UP Claim Help Library.  Recognized by Money Magazine as a Money Hero, Bach is in her eighth consecutive term as an official consumer representative to the National Association of Insurance Commissioners, and is a member of the Federal Advisory Committee on Insurance.  In 2019, Bach was appointed to a 3 year term as a member of the American Bar Association Standing Committee on Disaster Preparedness and Response.