Legal Question in Insurance Law in California

Can a Public Adjuster handle personal injury

Is it legal for a licensed Public Adjuster to handle a third party personal injury claim for a contingency fee? Would this constitute practicing law without a lincense?


Asked on 5/21/04, 7:22 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Can a Public Adjuster handle personal injury

My best guess is that this would indeed constitute practicing law without a license. Certainly the injured person would be foolhardy to engage an adjuster as opposed to an experienced personal injury attorney.

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Answered on 5/25/04, 8:45 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Can a Public Adjuster handle personal injury

I have heard of private adjusters being retained to assist with first party claims, however, even using a private adjuster on a first party claim is rather dubious to say the least. Regarding 3rd party claims, it most certainly would be practicing law, which would be a felony if the person was not a licensed attorney in the State of California.

If there is any doubt, call the California State Bar.

Norm

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Answered on 5/25/04, 11:40 pm
Steven Murray Steven W. Murray, APC

Re: Can a Public Adjuster handle personal injury

No. Ins. Code section 15007 limits a public adjuster's lawful activities to claims for loss or damage to real or personal property. These are commonly called first party property damage claims, while your question involves third party liability claims. There are several exceptions in section 15008, but your question does not imply any apply.

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Answered on 5/26/04, 2:18 pm


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