Expert: Richard Hixenbaugh - 8/19/2010

Question
Involved in an auto accident.  It was the other guy's fault.  His insurance adjuster took my recorded statement, took his recorded statement, called me back and said, "I talked to [guy] and what he said happened matched what you said happened.  He claimed fault.  [Insurance XYZ] is accepting full liability for this claim.  Let's set you up with a collision center and rental reservation..."  Two days later whiplash/injury surfaced.  Really nice insurance adjuster called and said that because there is now medical involved, the case needed to be transferred to another adjuster for administrative purposes.  Well, new adjuster has independently decided that they do not like the decision of fault previously made and is re-investigating...halting all progress on getting my vehicle repaired, etc.  Is that legal?  If there are recorded statements and a company decision to accept liability, can another adjuster decide that they don't like their co-worker's documentation and re-open everything because they don't want to pay out?

Answer
Hi Kat,

Unfortunately, unless you got it in wrioting that they were accepting liability, they can do just about what ever they want. Also you should not take your car to a collision center that the insurance company suggests. They will try to send you to a body shop that they have a contract with designed to save the insurance company money. Onten this results in shoddy work in order to save the insurance company money. You should independently research and select a body shop. Ask friends, co-workers and family. You can even ask a dealer of your make of vehicle who they recommend.

If the facts are clear the liability decision should be the same after the reinvestigation. If not you can either put the claim throught your own insurance if you have collision coverage or you may need to speak to an attorney.

I hope this helps
Richard Hixenbaugh