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About Claims Guy
Expertise
I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states.

Experience
I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer.

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

 
   

You are here:  Experts > Autos > Auto Insurance > Auto Insurance Claims > Liability, work product doctrine

Auto Insurance Claims - Liability, work product doctrine


Expert: Claims Guy - 6/30/2009

Question
Other driver backed his company pickup into me causing $2000 damage to my car. Police report stated he was in reverse in a travel lane at time of collision. No ticket issued, Indiana Ins declined liability and claims "work product" for not sharing any docs that were used in the bogus finding. What is my best recourse, can I get docs, this is what gives insurance cos. a bad name.

Answer
They do not have to release their documents.  This is protected by legal priviledge.

However, that does not mean the case is over.  You can sue the driver and company owner.  If you do this, you can obtain what yoyu  are seeking via the Discovery process, which is the evidence sharing portion of litigation.

If you have collision insurance, you should let your insurance company subrogate against them.  this is the process where your company acts as your advocate and attempts to recover their payment as well as your deductible.

If not, you have no choice but to sue the driver/company.  You can do this in small claims court without a lawyer.  The court personnel can help you with the process.  The insurer will then assign a lawyer to defend their customer.  If the lawyer thinks their case is poor, he/she will recommend settlement.  They may try to settle your case to avoid legal fees.

You can also file a complaint with your state insurance department if you believe the denial is arbitrary or capricious and not based on evidence.

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