Expert: Richard Hixenbaugh - 5/28/2009

Question
QUESTION: Hi,
I was rear-ended at a stop light and injured my hand badly. My claim was first handled by an at-fault's in-house attorney, but now being handled by an outside attorney they hired. Please explain to me why they hire outside attorney to handle my claim instead of handling it themselves. You help is very much appreciated!

ANSWER: Hi Grace,

First of all, unless you have files a law suit you are likely not dealing with an attorney. The person you are dealing with is a claims adjuster. Some insurance companies depending on their size will often utilize the services of independent adjusters when they are experiencing a larger than usual volume of claims. It is also possible that the independent adjuster they hired had a better record of evaluating your type of claim.  In either case you need to realize they these people do not work for you . They work for the insurance company and their job is to settle your claim for as little as possible. You should only deal with this person in writing. Make them pu their positions in writing and then you respond to them only in writing. Do not talk to them on the phone. They will try to get you to say things that seem innocent but will be used against you to minimize your claim.

If at any point in the process you feel you are not being treated fairly, then you should seek the services of an attorney.

I hope this helps
Richard Hixenbaugh


---------- FOLLOW-UP ----------

QUESTION: I forgot to mention that I filed a lawsuit and still trying to find an attorney to take my case. I'm sorry I did not mention that in my earlier question.  Thank you.

Answer
Hi Grace,

That does shed a new light on things. In that case you may be actually be dealing with an attorney.

You should have an attorney to represent you and you should not have any communication with the insurance company's attorney in the mean time, other than to tell them that you will have your attorney contact them once you select one. You need to continue seeking an attorney.

I hope this helps
Richard Hixenbaugh