Auto Insurance Claims: Insurance company, legal answer, legal answers

Question
QUESTION: Ok. I had an accident with a USAA insured driver and she was found guilty in court. Her insurance company decided to do their own investigation before trial and closed the case. The adjuster said things were looking good for me. My thing is why come I never received a copy of the results? Why didn't anyone give me a copy? Am I entitled to one? I am in the process of finding another lawyer, so I don't need legal answers. I was wondering if I am entitled to a copy of the results, being that I am the victim...regardless what the adjuster might say. The USAA insured driver was cited at the scene for failure to yield right of way and not having a dl. Please respond promptly. Thanks!

ANSWER: Hi Natalie,

I realize that you don't want a legal answer, nor can I give such advice because I am not a lawyer.

Depending on the state, most court documentation is available through the public records.


Most investigation reports done by the insurance company are confidential and you would not be able to get a copy, unless these notes were used in the court proceeding. Then unless sealed, you should be able to get this information.

I am a little puzzled that the USAA adjuster would tell you that things were looking good for you. If you had an attorney, the adjuster should not have said a word to you. Maybe to your attorney who represents you, but not you directly.

If this investigation by USAA was done internally and the information was not released in court, I do not see where you would be entitled to this information.

The investigation was on their insured. It would not be appropriate for them to release the notes to you, being that you are suing their client.


Rob




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

QUESTION: I was not clear. USAA was investigating the accident because they didn't think it would turn out in my favor.

Answer
Hi Natalie,

I guess my question to your latter comment would be; are you insured by USAA as well?

I can only give you my opinion based on 20 years of dealing with insurance claims. It has been my experience that any internal insurance investigation report or notes are confidential.

There have been instances my clients have requested investigation reports from the insurance company. Normally, it took the client attorney to file suit and request a judge through a motion for production of such documents.

Rob