Am I entitled to see a copy of the independent claim adjuster’s report regarding storm damage to my house?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Am I entitled to see a copy of the independent claim adjuster’s report regarding storm damage to my house?

I had storm damage to my house. I requested a copy of the claim adjuster’s report but my insurance company says its “their work product” and not a part of my claim. Can I get a copy of the independent claim adjuster’s report?

Asked on August 1, 2011 New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Oh no.  It is absolutely not privileged, which is what the "work product" excuse is usually all about.  You have an absolute right to get a copy of the report faxed, e-mailed and mailed.  You have a right to dispute the report and the amount that they are willing to pay.  How can you do that unless you can get a copy of the report and submit it to a contractor to bid?  Otherwise you won't know if their calculations are correct within the industry.  Many times adjusters use calculations that are for prices NOT in New York.  In other words, lower calculations.  Send them a letter demanding a copy of the complete report.  Send it by fax and mail and e-mail.  Tell them that if you do not have it within 10 days you are filing a complaint with the NYS Department of Insurance.  And then do so.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption