Legal Question in Personal Injury in California
Insurance Claims Adjusters
I submitted a one-para. letter to an insurance adjuster announcing my intention to file a detailed claim I rec'd a call from the adjuster & he insisted that my statement(s) be taped. I objected & he responded that he could not conduct a proper investigation w/out my consent to being taped. Prior to submitting my first detailed Demand Letter, I rec'd a letter from the adjuster alleging that a "thorough investigation" had taken place, no liability had been found and the claim was denied. Would this letter constitute the first inklings of an adjuster dealing in bad faith? Is litigation the next most obvious step? Thanks.
1 Answer from Attorneys
Insurance Investigation Bad Faith?
Unless you are making a claim against your own insurance company (and therefore must give a recorded statement as part of your "duties to cooperate") you are under no obligation to give a statement to an investigator before litigation commences. Many times an insurance carrier may ask for a statement; some people comply thinking it will speed a settlement, others refuse realizing it will make no difference. In California, there is no "bad faith" by an investigator of another person's insurance company asking you for a statement to further that company's investigation. If you think you have a good case, regardless of the company's "denial" of liability, you should pursue it, either by yourself (small claims limit in California is $5000) or with an attorney.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
