by plb » Sun Dec 06, 2009 02:31 am
My insurance company judged me at fault in an auto accident on the statement of one witness who also was involved in the accident. The witnesses' statement has a sizable discrepancy in it that I feel they ignored. I thought the discrepancy was pretty obvious but my adjuster seemed surprised when I pointed it out to her . I believe the case would have been resolved in my favor had they done an accident reconstruction and examined the physical evidence. I've asked for a review to address this but how can I be sure they really do the reconstruction and don't just rubber stamp their previous conclusion?
Posted: Tue Dec 08, 2009 04:37 am Post Subject: Accident
Trench, the above guest reply was from me. I guess I wasn't logged in when I posted, Thanks
Posted: Tue Dec 08, 2009 12:02 pm Post Subject:
If she told you not to speak to the opposing adjuster...this is a very rare occurance with adjusters...I can only assume, that she is wanting to get this settled within your limits and doesn't want to mess that up (for you) in any way...
Posted: Tue Dec 08, 2009 01:44 pm Post Subject:
Personally, I have never heard of an adjuster advising their insured not to speak to the other party's adjuster. That's just common place in the world of claims. IMO, her not adding your additional comments/info to her report would seem to me not looking after your best interest-which she was hired to do. However, it would seem to me that since they have not settled, she maybe working to include this "new" information. If I were you, I would really press her on this if you feel strongly that it would aid in a decision. If you get no where, you can always contact a supervisor.
Posted: Tue Dec 08, 2009 10:23 pm Post Subject:
I have never heard of an adjuster advising their insured not to speak to the other party's adjuster
Neither have I in fact it's the opposite...makes me wonder a little..in fact, were I the OP I'd ask, 'why'? Shouldn't the other carrier get the OP's version of events? (of course :roll: )...in fact I'd be surprised if the other carrier would even entertain any liability discussions without it. (I sure wouldn't)Posted: Wed Dec 09, 2009 12:55 am Post Subject:
(I sure wouldn't)
Me neither :D
Posted: Wed Dec 09, 2009 02:29 am Post Subject: Accident
Trench,
"I would really press her on this if you feel strongly that it would aid in a decision. If you get no where, you can always contact a supervisor."
This is exactly what I plan to do as I do feel strongly about it. All I can do at this point is make myself heard.
Thanks
Posted: Wed Dec 09, 2009 03:58 am Post Subject: Accident
Lori, Trench:
Early on in this ordeal- the first week actually- a family friend put me in touch with an auto claims adjuster who hails from your neck of the woods in the lovely mid-west. I was in a quandary over weather to talk to the "OP" adjuster or not because I had read in a few places ( AKA: lawyer websites) it was not recommended.
Interestingly enough, her advice was to give the statement to them and she too seemed puzzled anyone would do otherwise. I had no problem giving a statement to anyone who needed it. It didn't seem like a major issue to me.
Now my wife was furious that I would even consider giving a statement to an adjuster whose own client had not yet given a statement. I remember talking to the OP adjuster at least ten days after the accident and she said she had no statement from her client and therefore did not know what had happened in the accident outside of the obvious of who had hit who. I don't think she was lying but who knows.
Anyway, I went through this limbo period for the first ten days or so after the accident where I was assigned two temporary adjusters before I landed with the one I have now. When I talked to my present adjuster for the first time I asked if I should give a statement to the other party and she just said I wouldn't have to talk them and that she would take care of it. It wasn't like she imposed a gag order or anything. My impression was that it had more to do with the fact that the guy that hit me had secured legal representation ten minutes after the last hubcap stopped spinning.
Is it odd though that the adjuster from the 3rd party never called and asked for a statement from me? Would he have received info from my adjuster without contacting me? Is he just sitting and waiting for the dust to clear? It would seem his carrier's interests are served by someone being declared at fault otherwise he picks up the tab for his client correct?
Is it odd that the 3rd party gave a statement to my carrier and not to the carrier of the guy that hit me? Why would she talk to one and not the other?
Take care
Posted: Wed Dec 09, 2009 12:25 pm Post Subject:
Now my wife was furious that I would even consider giving a statement to an adjuster whose own client had not yet given a statement.
It's not like we are attorneys. We are fact gatherers. Even though we represent an insured/claimant, our job is to get the facts no matter the outcome. There have been countless times that I spoke with the claimant before the insured. And countless times were the statement of the insured was a complete fable.
My impression was that it had more to do with the fact that the guy that hit me had secured legal representation ten minutes after the last hubcap stopped spinning.
Could be. When there is an attorney involved, all communication is stopped with the individual.
Is it odd that the 3rd party gave a statement to my carrier and not to the carrier of the guy that hit me? Why would she talk to one and not the other?
No. Unless the insurance company requests the adjuster to take a statement. However, the adjuster during his investigation may see the need to get the statement, but risks not getting paid for it if the carrier is not interested or feels it not important or relevant. Or the inside adjuster of the insurance company may have already taken a statement.
Would he have received info from my adjuster without contacting me
Possibly, but I rarely ever speak to the other adjuster much less compare notes. Again, if the inside adjuster has obtained a statement, that info may have been passed to the adjuster in the field.
Posted: Wed Dec 09, 2009 12:45 pm Post Subject: Accident
Trench,
Thanks for clearing that up for me. I do know from letters from the 2nd party carrier that they wanted a statement from the 3rd party and never got it.
Take care
Posted: Fri Dec 11, 2009 01:06 am Post Subject: accident
Hey, PLB...this may be a 'longshot' to ask but,......you said the accidents happened near signal lights? The reason why I'm asking is because at SOME areas, with the signal lights, there are cameras that 'record' everything you do. I don't know where you live. In California, at SOME area, in San Diego County, they have these cameras. My mom and I were talking about an accideent that happened recently, in San Diego (my family lives there). My mom was saying, according to the newspaper, this woman was in an accident and said it was the other drivers fault......but, the cameras showed otherwise.
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